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ACCEPTABLE USE POLICY

Effective June 1st, 2018

THIS ACCEPTABLE USE POLICY IS A MATERIAL PART OF ANY AGREEMENT WITH HOWARD’S HIGHSPEED FOR PROVISION OF ITS SERVICES TO BUSINESS & SUBSCRIBER. PLEASE READ & FOLLOW THIS ACCEPTABLE USE POLICY CAREFULLY. THIS ACCEPTABLE USE POLICY MAY BE REVISED FROM TIME TO TIME BY HOWARD’S HIGHSPEED AS SET FORTH BELOW.

Howard’s HighSpeed has designed this Acceptable Use Policy (“AUP”) governing Howard’s HighSpeed’s services o ensure the integrity of its wireless broadband network & enhance the use of its services for all of Howard’s HighSpeed ‘s subscribers by designating standards for acceptable & unacceptable use. This policy forms part of the agreement between Howard’s HighSpeed & you & is incorporated by reference into Howard’s HighSpeed‘ s Terms of Service found at www.howardshighspeed.com; capitalized terms not defined in this AUP are defined in the Terms of Service. BY USING THE SERVICE, OR ANY EQUIPMENT PURCHASED OR RENTED BY YOU FROM [Howard’s HighSpeed (the “EQUIPMENT”), YOU AGREE TO BE BOUND BY & COMPLY WITH THE TERMS & CONDITIONS OF THIS AUP.

Prohibited or Actionable Activities

To preserve the ability of all of its subscribers to use Howard’s HighSpeed network & the Internet without interference or harassment from other users, & as a condition of the Service, Howard’s HighSpeed prohibits you from engaging in the following activities:

Unlawful or Improper Use of the Service

You may not use the Service in a manner that is unlawful, harmful to or interferes with the use of Howard’s HighSpeed’s network or systems, or the network of any other provider, damages, disables or impairs any of Howard’s HighSpeed’s property interferes with the use or enjoyment of services received by others, Howard’s HighSpeed infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes spam or e-mail abuse, a security risk or a violation of privacy. The Service is intended for reasonable periodic, ordinary active use. You may not use the Service to store, post, transmit or disseminate material or information that is unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, federal, or international law, order, rule, or regulation. The shall determine in its sole discretion whether you have violated the foregoing restriction.

Junk E-mail

You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail”, unsolicited bulk e-mail, unsolicited duplicate email, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, “Spam”). Violation of the CAN-SPAM Act of 2003, or any other applicable laws regulating e-mail services, constitutes a violation of this AUP. [Howard’s HighSpeed considers any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be “unsolicited” for purposes of this AUP if (1) the recipients’ e-mail addresses were not obtained through a personal or subscriber relationship between recipient & sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.

Fraudulent Activity

You may NOT use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communication.

Impersonation

You may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.

Software Viruses

You may not use the Service to upload files or transmit any material that contains viruses, worms, Trojan Horses time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. To protect our subscribers, Howard’s HighSpeed monitors Internet ports that are considered to be security risks as determined by Howard’s HighSpeed in its sole discretion.

Collecting Information

You may not use the Service to store or collect or attempt to store or collect, non-public personal information about third parties without their prior knowledge & consent.

Excessive Utilization of Network Resources

Wireless networks have capacity limits & all subscribers can suffer from degraded or denied service when one or a small group of users consumes disproportionate amounts of a wireless network’s resources. Howard’s HighSpeed, therefore, will monitor both overall network performance & individual resource consumption to determine if any user is consuming a disproportionate amount of available resources & creating the potential to unreasonably disrupt or degrade the Howard’s HighSpeed network or network usage by others. Howard’s HighSpeed Inc reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns & preventing the distribution of viruses or other malicious code, & through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption & not by the use of any particular application. When feasible, upon observation of an excessive use pattern, Howard’s HighSpeed will attempt to contact you by e-mail at the e-mail address on file or otherwise to alert you to your excessive use of bandwidth & to help determine the cause. If you are unavailable or do not respond to Howard’s HighSpeed s attempt to contact you regarding excessive use, or if excessive use is ongoing or recurring, Howard’s HighSpeed reserves the right, set forth in the “AUP Enforcement & Notice” provisions below, to act immediately & without further notice to restrict, suspend or terminate your Service.

Use of Your Account by Others

You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP, nor may you reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service or hardware without Howard’s HighSpeed ‘s prior written consent. You may not permit your network, through action or inaction, to be configured in a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.

Security Precautions

You are solely responsible for implementing sufficient procedures & checkpoints to satisfy your particular requirements for accuracy of data input & output, & for maintaining a means external to the Service for the reconstruction of any lost data.

AUP Enforcement and Notice

Subscriber’s failure to observe the guidelines associated with this AUP may result in Howard’s HighSpeed taking actions that may range from a warning to a suspension or termination of Service. When feasible, upon observation of a violation of this AUP, Howard’s HighSpeed may attempt to contact you by e-mail at the e-mail address on file or otherwise to notify you of the violation. Howard’s HighSpeed representatives also are available to work with you to explain the parameters of this AUP & to help you avoid an AUP violation. Howard’s HighSpeed reserves the right, however, to act immediately & without notice to restrict, suspend or terminate Service, if it reasonably determines that your conduct may:

(1) expose Howard’s HighSpeed to sanctions, prosecution, civil action or other liability;

(2) cause harm to or interfere with the integrity or normal operations of Howard’s HighSpeed’s network or networks w with which Howard’s HighSpeed’s is interconnected;

(3) interfere with another Howard’s HighSpeed customer’s use of the Service;

(4) violate any applicable law, rule or regulation; or

(5) otherwise, present an imminent risk of harm to Howard’s HighSpeed or its customers.

In the event of termination of your Service, all applicable termination charges will apply. Which currently are Zero. Except as expressly provided herein, the rights & remedies of Howard’s HighSpeed are cumulative & not exclusive of any rights or remedies that Howard’s HighSpeed may otherwise have at law or in equity. Waiver of any violation of this AUP by Howard’s HighSpeed shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by Howard’s HighSpeed in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Howard’s HighSpeed has the right but not the obligation to monitor or restrict any uses of the Service that Howard’s HighSpeed reasonably believes in its sole discretion violates this AUP, any part of the Terms of Service, or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Service, & are responsible for the abuse of your account by others.

Reporting Violations

Howard’s HighSpeed requests that any person who becomes aware of a violation of this AUP report the information to Howard at howard@howardshighspeed.com, &/or 402-968-5237. If available, please provide the IP address used to commit the alleged violation & the date & time of the alleged violation. Howard’s HighSpeed may take any appropriate action as it reasonably deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the subscriber’s account; terminate the subscriber’s account; bill the subscriber for administrative costs &/or reactivation charges; bring an appropriate legal action to enjoin violations &/or to collect damages, if any, caused by violations; or take no action. Notices & Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2) (as amended), notifications of claimed copyright infringement should be sent to Howard’s HighSpeed at howard@howardshighspeed.com, &/or 402-968-5237., Attn: Copyright Infringements. Note that inquiries relevant to the following the procedure only will receive a response.

Reservation of Rights

Howard’s HighSpeed reserves all rights including the right to revise, amend, or modify this AUP or any other Howard’s HighSpeed policy at any time, by sending you an email notification to the email the address associated with your account, or by announcing any amendments or modifications in the “Service Announcements” section of Howard’s HighSpeed’s website: howard@howardshighspeed.com. Such amendments or modifications will become effective on the date we send them to you by email or announce them on our website, whichever is earlier; afterward, your continued use of the Service or Equipment will constitute your acceptance of any such amendments or modifications.[2] However, if you do not wish to continue Service after a change that is materially disadvantageous to you, you may terminate this Agreement by providing notice to Howard’s HighSpeed within five (5) days of the effective date of the modification.

Howard’s HighSpeed Wireless Broadband Internet Service Agreement

Copyright

The Howard’s HighSpeed ™ name & logo & other designated names, marks, & phrases are trademarks of Howard’s HighSpeed.

PRIVACY POLICY

Howard’s HighSpeed is committed to protecting YOUR privacy. Please read this privacy policy statement carefully so that you understand what kind of information we may gather about you, how we may use that information, whether we may disclose it to anyone, & the choices you have regarding our use of the information & your ability to correct the information. We will NOT trade, sell, or disclose to any third party any form of personally identifiable information Howard’s HighSpeed without your consent, including information derived from registration, subscription, & use of the Howard’s HighSpeed ‘s service, except as stated below. This policy applies only to Howard’s HighSpeed, & not to other companies’ or organizations’ Web sites to which we link.

The Information We Collect

The information Howard’s HighSpeed gathers generally falls into four general categories: (1) personal, business, & demographic information you supply that we use primarily for evaluating applicants & conducting OUR market research; (2) information you supply when you register or initiate transactions; (3) tracking information gathered as you navigate online; (4) information required to enable your use of certain applications. Some of this information identifies a particular person, but much of it does not. Third-party providers whose sites are featured on & accessed via our site & third-party manufacturers of devices that can be used by you on our network may gather information as well. When you interact with Howard’s HighSpeed when applying for Howard’s HighSpeed Service, for example, we may request some or all of the following information:

1. Contact information (e.g., name, address, telephone number, and e-mail address)

2. Credit card, debit card or check card and Howard’s HighSpeed account number

3. Driver’s license

4. Company name (for corporate accounts)

5. Household characteristics (e.g., number of children and number of Internet users)

6. The technology employed (e.g., type of Internet access and specifications for your computer)

Why We Collect This Information

We need this information to process your application or service order & to conduct market research. If we have trouble processing your application or order, we use the contact information you provide to get in touch with you. We also use your contact information to provide you with Howard’s HighSpeed updates or to assist you with your wireless service & to inform you of new products or services that may be of interest to you.

Disclosure of Information

We consider the personal information contained in our business records to be confidential. Howard’s HighSpeed will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications that are transmitted using our services, except as described herein. However, we may sometimes disclose information about you to our business partners or to others who work for us, such as our vendors who assist us to provide our services to you. We may access &/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on Howard’s HighSpeed; (b) protect & defend the rights or property of Howard’s HighSpeed including, without limitation the security & integrity of our network; or (c) act under exigent circumstances to protect the personal safety of users of our services or members of the public. As our business grows, we may buy or sell various assets. In the unlikely event that Howard’s HighSpeed, one of its business units, or substantially all of its assets are acquired by another company, information about our visitors would be among the transferred assets.

Security

Howard’s HighSpeed is committed to protecting the security of your personal information. We use a variety of security technologies & procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information you provide on computer systems with limited access & which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. As effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee the complete security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us or by us over the Internet. We have implemented security practices that we believe to be reasonable in light of industry standards to ensure that your privacy is safeguarded at every level of our organization. Howard’s HighSpeed will continue to revise its security policies & implement additional security features as new technologies become available.

Location Information

To make wireless communications possible, Howard’s HighSpeed’s network knows the general location of your wireless device whenever it is turned on. Your wireless device sends out a periodic signal to the nearest radio tower/cell site so that our network will know where to route an incoming communication & how to properly bill for the service. This is necessary to make wireless communications possible. Your location information will only be used to provide the service(s) or carry out the transaction(s) you have requested or authorized. Howard’s HighSpeed does not & will not track your location, & any request you make to determine your location will not be paired by us with any information that identifies you personally. Your service may also be personalized using your zip code or other location identifiers that you provided, such as an address. We use this information to serve you relevant content, & we treat the information like any other personal information under this privacy policy. The law permits us to disclose the call location of a device on our network without a user’s consent (1) to a user’s legal guardian or members of a user’s immediate family in an emergency situation that involves the risk of death or serious physical harm, (2) to database management services or information providers solely to assist in delivering emergency services, (3) if we reasonably believe that an emergency involving the immediate danger of death or serious physical injury to any person requires or justifies disclosure of a device’s location on the network without delay, & (4) in “aggregate” form. Aggregate data is collective data that relates to a group or category of services or subscribers, from which individual subscribers identities & characteristics have been removed.

Howard’s HighSpeed and Kids

Howard’s HighSpeed takes care to protect the safety & privacy of young people using our services, & encourages you to participate in your child’s experience in cyberspace. We do not sell products or services to kids. Also, federal law requires website operators who collect personal information from children under the age of thirteen to first get parental consent. Out of an abundance of caution, we do not knowingly collect personally identifiable information from children & teenagers under the age of 18 & Howard’s HighSpeed does not wish to collect any such information. You agree not to permit your child to use our services without your consent & you agree not to permit your child to provide us with information about him or her. Parents, please note that if you grant consent for your child to use our services, your child will be able to communicate with other users of all ages. Before providing consent, please be aware that your child will be able to disclose personal information (e.g. name, address, e-mail, & phone numbers) on his or her own. We encourage you to talk with your children about communicating with strangers & disclosing personal information online.

Howard’s HighSpeed Spam Policy

Howard’s HighSpeed will deal with Spam complaints seriously & will close spammer’s subscriber’s accounts. We may use subscribers information to investigate & prevent potentially unlawful activity that threatens the service or network integrity or otherwise violates the service agreement. Spam is an email that is sent against the wishes of the recipient. There are two kinds. The first kind of spam concerns individuals who email people that they don’t know personally. The second type of spam is sent by organizations to individuals who have not expressed a desire to receive such communications. Both kinds of spam are inappropriate.
Enforcement of this Privacy Statement
If you have questions regarding this statement, you should contact Howard’s HighSpeed

Privacy Policy Changes

If we decide to change our privacy policy, we will post those changes here so that you will always know what information we gather, how we might use that information & whether we will disclose it to anyone. By continuing to use Howard’s HighSpeed’s service after we post any changes, you accept & agree to this privacy statement, as modified. Of course, our use of information gathered while the current privacy statement is in effect will be consistent with the current statement, even if we change that statement later.

TERMS OF SERVICE

Wireless Broadband Internet Service Effective June 1st, 2018 THIS WIRELESS BROADBAND INTERNET SERVICE AGREEMENT (“AGREEMENT”) IS BETWEEN YOU & HOWARD’S HIGHSPEED. THIS AGREEMENT IS SOMETIMES REFERRED TO AS THE “TERMS OF SERVICE”. BY USING HOWARD’S HIGHSPEED’S WIRELESS BROADBAND INTERNET SERVICE (THE “INTERNET SERVICE”), ANY RELATED OPTIONAL SERVICES (THE “OPTIONAL SERVICES”), OR ANY EQUIPMENT PURCHASED OR RENTED BY YOU FROM HOWARD’S HIGHSPEED’S (“EQUIPMENT”), (THE INTERNET SERVICE & THE OPTIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICE”), YOU AGREE TO BE BOUND BY & COMPLY WITH THE FOLLOWING TERMS & CONDITIONS OF THIS AGREEMENT. THE ADDITIONAL TERMS STATED IN YOUR ORDER CONFIRMATION (WHICH DETAILS THE SERVICE PLAN(S) YOU HAVE AGREED TO PURCHASE) ARE INCORPORATED HEREIN BY REFERENCE & ARE PART OF THIS AGREEMENT.[5] ALL PORTIONS OF THE TERMS OF SERVICE SET FORTH IN THIS AGREEMENT APPLY TO EQUIPMENT & SERVICES PROVIDED TO YOU BY THE COMPANY, UNLESS OTHERWISE SPECIFIED. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY IMPORTANT TERMS, INCLUDING: LIMITS & DISCLAIMERS ON HOWARD’S HIGHSPEED’S LIABILITY & WARRANTIES; THE REQUIREMENT THAT YOU COMMIT TO A MINIMUM TERM OF SERVICE; FEES FOR EARLY TERMINATION; THE REQUIREMENT THAT DISPUTES BE SETTLED BY ARBITRATION, & NOT BY LAWSUIT; & A WAIVER OF ANY RIGHT TO TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION.

1. Agreement Governing Use of Service

The current version of this Agreement (including the Service Plans) can be found at https://www.howardshighspeed.com. Howard’s HighSpeed reserves all rights including the right to revise, amend, or modify this Agreement or any other Howard’s HighSpeed policy at any time, by sending you an email notification to the email address associated with your account. It is YOUR responsibility to make sure the correct email is provided to us on the website and has been up to date. Such amendments or modifications will become effective on the date we send them to you by email if after receiving such email notice you continue to use the Service or Equipment. Such continued use will constitute your acceptance of any such amendments or modifications.

2. Term of the Service

Month to Month Subscriber – When you purchased a monthly subscription, you will be able to use the Service for any consecutive monthly period which has been paid in advance as described in your Order Confirmation. For example, if you purchased a month-to-month subscription & your billing cycle commences on the eighth day of a particular month, then you will be charged on the eighth day of the following month & each month thereafter until your Service is terminated.

3. Terms Applicable to Howard’s HighSpeed Service Accounts

Subject to applicable law, you expressly agree that all applicable monthly subscription &/or other fees & charges will accrue until this Agreement has terminated, the Services have been disconnected, & all rented Equipment has been returned to Howard’s HighSpeed. Monthly Service fees will not be prorated. Upon termination or expiration of this Agreement for any reason, Howard’s HighSpeed & its suppliers reserve the right, to the extent permitted by applicable law, to delete any voicemails, data, files, electronic messages or other information stored on Howard’s HighSpeed’s or its suppliers’ servers or systems. Howard’s HighSpeed, its affiliates & their agents & suppliers will have no liability whatsoever as the result of the loss of any such data, names or addresses or other information. From time to time, Howard’s HighSpeed may reasonably require you to cooperate with & consent to remote &/or on-site (i) service level verification &/or (ii) troubleshooting by Howard’s HighSpeed. You agree that failure to comply with our reasonable requests constitutes grounds for termination of your Service.

4. Payments and Invoices/Metered Billing

You will make payments to Howard’s HighSpeed for the Service & Equipment using your credit, debit, or other acceptable bank card (the “Card”) or through an electronic funds transfer (“EFT”) that debits funds directly from a bank account that you designate. (Payment by EFT is not an option for Service accounts at this time, & the terms set forth herein regarding payment by EFT shall have no effect until such time as Company begins to accept payment for Equipment &/or Services via EFT). You will ensure that the Card &/or EFT-related information you have provided to Howard’s HighSpeed is valid at all times. Failure to provide valid Card information or Card status may result in Service suspension or termination, late charges, re-activation fees & other fees & charges attributable to you as a result of your failure to timely pay your account balance(s). Fees & charges for Service are contained in the Order Confirmation & your invoice [6] on “My Account”. (My Account is Howard’s HighSpeed’s web-based account tracking system that allows you to view your account status, pay invoices, & make other changes to your account profile at any time). As part of the order process, or whenever you update your Card information on file with us, Howard’s HighSpeed will pre-authorize one or more charges on your account with your Card. The charge will be related to the account activation & for the estimated amount of the first month’s service + tax plus any fees for account setup, installation or other fees which are fully disclosed at the time of purchase. Thereafter, Howard’s HighSpeed may or may not send you a reminder to purchase another term of service on a monthly basis for the Service, the Equipment (as applicable), including any Optional Services (as applicable). Monthly charges will be automatically charged to your Card or debited via EFT from your e-check account on record in advance & as specified in any applicable recurring payment plan you enter with Howard’s HighSpeed You expressly agree that Howard’s HighSpeed may charge your Card all amounts associated with your Howard’s HighSpeed account. You will pay Howard’s HighSpeed all outstanding balances when due. We are now making exceptions and accepting “other methods of payment” Checks can be taken with prior arrangements having been made.

5. Billing Disputes

You must notify Howard’s HighSpeed in writing no later than thirty (30) days after receiving your Card or bank account statement if you dispute any Howard’s HighSpeed charges on that statement or such dispute will be deemed waived. Howard’s HighSpeed will resolve all billing disputes in its sole discretion.

6. Delinquency/Late Fees

a. Accounts not paid in full by the due date are subject to suspension or termination by Howard’s HighSpeed. In addition, Howard’s HighSpeed may terminate your Service if your Card expires or the bank account is closed or suspended &
you have not provided Howard’s HighSpeed with a valid replacement Card or EFT-related information. In the event of such suspension or termination by Howard’s HighSpeed, you will pay Howard’s HighSpeed any outstanding fees & all collection costs & fees, including reasonable attorneys’ fees & late fees, incurred or charged by Howard’s HighSpeed. Howard’s HighSpeed may, but is not required to, reactivate your Service after Service has been suspended or terminated. Before Service may be reactivated, you must pay Howard’s HighSpeed all past due amounts & applicable taxes. b. All delinquent charges & charges not honored by your Card issuer or bank will be subject to a late fee equal to 1.5% (or the highest amount allowed by law, whichever is lower) of the delinquent amount(s) or $5 per month (or portion of a month), whichever is greater. Except to the extent prohibited by law, this late fee may be charged pending the resolution of any disputes you may have raised regarding your invoiced charges, provided however that any disputed charges which are resolved in your favor will not be assessed a late fee or have the late fee removed from the charges.

7. Availability of Service/Variation of Performance/Maintenance Outages

You acknowledge that Service, may not be available in all areas, & even within coverage areas service availability, quality, signal strength & network speeds may vary, be lower than advertised or be insufficient for use of the Service. You agree to provide Howard’s HighSpeed with the correct address of your primary place of use, which will be used to determine whether adequate coverage is available. You further agree to promptly notify Howard’s HighSpeed of any changes in the primary Service address. In order to provide the best possible service to its subscribers, Howard’s HighSpeed must perform maintenance on its network. In some cases this may require Howard’s HighSpeed to conduct either a planned or unplanned interruption of the Service. Howard’s HighSpeed will use commercially reasonable efforts to schedule maintenance outages so as to minimize the impact on its subscribers but cannot guarantee that your Service will not be interrupted, & cannot always give advance notice of such outages. You acknowledge & agree that Howard’s HighSpeed shall not be responsible for any losses or damages suffered by you as a result of any Service interruptions due to maintenance outages. Please see Section 11 (Credits) & Section 21 (Limitation of Liability) of this Agreement for further restrictions on Howard’s HighSpeed‘ s liability for Service outages. Except as otherwise provided in this Agreement, no refunds or credits will be made for any Service outages.

8. Equipment Provided – Rent

If you rent any Equipment from Howard’s HighSpeed, you must return all rented Equipment in good working order upon the termination or expiration of this Agreement or upon Howard’s HighSpeed ‘s request. If you fail to return all rented Equipment in good working order, reasonable wear & tear excepted, within thirty (30) days after expiration of this Agreement or by the date otherwise specified or requested by Howard’s HighSpeed, you agree to pay Howard’s HighSpeed a “non-return” fee for such Equipment, which you acknowledge is a reasonable estimation of the repair or retail value of the Equipment. In addition, if you do not return the rented Equipment to Howard’s HighSpeed by the required date, you agree to continue paying Howard’s HighSpeed your monthly Service charges until you return the Equipment. You hereby irrevocably authorize Howard’s HighSpeed to charge such amounts (the cost of the Equipment & the monthly Broadband Internet Service charges) to any Card or bank account you provide or previously have provided to Howard’s HighSpeed for any purpose. You understand that this authorization to charge your Card or bank account for failing to return rented Equipment in good working order may not be revoked even if you revoke authorization to charge your Card or bank account for other purposes. Howard’s HighSpeed may replace, upgrade, repair, or otherwise modify any rented Equipment, & will repair or replace (in Howard’s HighSpeed’s sole discretion) any properly maintained rented Equipment that fails to operate as required for the delivery of Service. You also acknowledge & agree that the modem you are purchasing/leasing may be refurbished equipment, & there shall be no offset, discount, or other reduction in purchase or rent price. You may not modify rented Equipment in any way or sell, encumber, or otherwise transfer the Equipment to others. This section, including all authorizations herein, will survive expiration or termination of this Agreement for any reason.

9. Equipment and Installation Warranty

Howard’s HighSpeed warrants to you that the Equipment & its installation by Howard’s HighSpeed will be substantially free from material defects, under normal use in compliance with Howard’s HighSpeed ‘s instructions, for a period of 90 days from the date you receive the Equipment or installation (“Limited Warranty”). This Limited Warranty excludes any defects resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, an act of God, your failure to comply with Howard’s HighSpeed ‘s policies or other instructions provided by Howard’s HighSpeed, actual or attempted alteration of or additions to the Equipment not approved by Howard’s HighSpeed , or any other cause beyond the reasonable control of Howard’s HighSpeed , all as determined by Howard’s HighSpeed (collectively, “Excluded Causes”). Repair or replacement, in Howard’s HighSpeed‘ s discretion, of the Equipment & performance of the installation is Howard’s HighSpeed ‘s only responsibility, & your exclusive remedy, for breach of any warranty regarding the Equipment or the installation, as applicable. This Limited Warranty is personal to you, & will terminate immediately upon the sale or transfer of the Equipment or expiration or termination of this Agreement.

10. Support

You may elect to use the troubleshooting guides & user information provided by Howard’s HighSpeed or available at: https://www.howardshighspeed.com prior to contacting Howard’s HighSpeed Subscriber Service for assistance. In the event that you request a service call to your Service location & Howard’s HighSpeed determines that the problem is your responsibility, you authorize Howard’s HighSpeed to charge your Card or bank account or require you to otherwise pay for the cost of the service call.

11. Credits

No credit or adjustment will be made for interruptions or degradation of the Service except as provided for in this Section. In the event of an interruption of the Service that continues for a period of twenty four (24) hours or more, a credit allowance will be made for an amount not to exceed the prorated monthly charges for your Service during the affected period provided that you request the credit in writing within thirty (30) days of the commencement of the interruption or degradation. The foregoing credit will be your sole & exclusive remedy for any interruption or degradation of the Service. No credit will be available if the interruption period results from any Excluded Causes set forth in Section 9 (Equipment & Installation Warranty) of this Agreement.

12. Network Management

You acknowledge that performance & bandwidth available to each computer or device connected to the network may vary for reasons including, but not limited to the number of users, computers or devices connected to the network, the amount of data being transferred over the network, & available bandwidth. You also agree that Howard’s HighSpeed reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns & preventing the distribution of viruses or other malicious code, & through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption & not by the use of any particular application. [8] For further information, please refer to Howard’s HighSpeed ‘s Acceptable Use Policy, which may be amended from time to time. Howard’s HighSpeed IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, OR OTHER CONTENT THAT CAN BE ACCESSED VIA THE SERVICE & IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES THROUGH OR IN CONNECTION WITH THE SERVICES. Any information you involuntarily or voluntarily provide to third parties is governed by their policies or terms. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchant ability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data is not guaranteed or warranted by Howard’s HighSpeed, its host network provider or any content providers or other third party. Neither Howard’s HighSpeed nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, or other content acquired through the Service.

13. Acceptable Use Policy

The Acceptable Use Policy is incorporated into this Agreement & is a part of the Agreement. Howard’s HighSpeed reserves the right to immediately restrict, limit, suspend or terminate your Service or terminate this Agreement for any violation of the Acceptable Use Policy, in which case you will forfeit any unused Service & will not be entitled to a refund.

14. Privacy

Howard’s HighSpeed ‘s Privacy Policy describes how Howard’s HighSpeed may collect & use your personally identifiable & other information.

15. Ownership; Software; No Licenses

The Service & rented Equipment, & any firmware or software used to provide the Service that is embedded in any Equipment or used in connection with the Service (collectively “Software”); all Service information, documents & materials delivered to you by Howard’s HighSpeed or located on Howard’s HighSpeed s website (collectively “Information”); & all names, service marks, trademarks, trade names, logos & domain names (collectively “Marks”) of Howard’s HighSpeed are & will remain the sole property of Howard’s HighSpeed & nothing in this Agreement grants you the right or license to use any of such Software, Information, or Marks except for your nonexclusive use of the Software & Information in connection with your personal use of the Service in accordance with the Agreement. The Software may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by Howard’s HighSpeed or its host network provider. Software is licensed, not sold, to you by Howard’s HighSpeed &/or its licensors/suppliers for use only on your Equipment.

16. Tampering with the Equipment

You must not use with the Service any Equipment that has an altered electronic serial number or equipment identifier or any Equipment that has undergone a factory reset without the express written permission from Howard’s HighSpeed. In addition, you may not use with the Service any serviced, altered, modified, stolen, or tampered Equipment, or permit any other person (unless authorized in advance by Howard’s HighSpeed in writing) to do so. You agree not to make any modifications or alterations to Equipment without Howard’s HighSpeed ‘s prior written approval.

17. Theft of the Service or Rented Equipment

You must notify Howard’s HighSpeed immediately, in writing or by calling Howard’s HighSpeed Subscribers Service, if any rented Equipment is lost or stolen or if you become aware at any time that the Service is being stolen or fraudulently used.

18. Termination/Discontinuance of Service

Howard’s HighSpeed may suspend or discontinue providing the Service generally, or terminate your Service, either in whole or in part, at any time in its sole discretion. If Howard’s HighSpeed discontinues providing the Service generally or terminates your Service for a reason other than your breach of this Agreement, you will be responsible only for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges.

19. Disclaimer of Representations and Warranties

THE ONLY WARRANTIES BEING MADE BY HOWARD’S HIGHSPEED WITH REGARD TO THE SERVICE & EQUIPMENT ARE THE EXPRESS LIMITED WARRANTIES SET FORTH IN SECTION 9 OF THIS AGREEMENT. THE HOWARD’S HIGHSPEED PARTIES (AS DEFINED BELOW) DISCLAIM ANY & ALL OTHER REPRESENTATIONS & WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR EQUIPMENT, OR NON-INFRINGEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, OR BY ANY HOWARD’S HIGHSPEED EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY & NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY ANY HOWARD’S HIGHSPEED PARTIES. HOWARD’S HIGHSPEED DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON HOWARD’S HIGHSPEED BEHALF & YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOU ASSUME ALL RESPONSIBILITY & RISK FOR USE OF THE SERVICE & THE EQUIPMENT. THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

20. Limitation of Liability

(A) IN NO EVENT SHALL ANY OF THE HOWARD’S HIGHSPEED PARTIES BE LIABLE OR OBLIGATED IN CONNECTION THIS AGREEMENT, UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO HOWARD’S HIGHSPEED FOR THE APPLICABLE SERVICE OR EQUIPMENT HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY; (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICE, PRODUCTS, OR RIGHTS; (III) FOR ANY LOSS OR CORRUPTION OF DATA, DELAYED, DEGRADED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET, INABILITY TO MAKE OR COMPLETE CALLS USING THE INTERNET PHONE SERVICE[9], OR DAMAGE TO ANY HARDWARE, SOFTWARE, OR THE SERVICE LOCATION; (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES &/OR LOST PROFITS; (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER’S DATA; OR (VI) FOR ANY DAMAGES ARISING FROM ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OR CAUSES OUTSIDE HOWARD’S HIGHSPEED‘S REASONABLE CONTROL. (B) THE EXCLUSIONS & LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT HOWARD’S HIGHSPEED WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES, & EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH HOWARD’S HIGHSPEED, OR CLAIM AGAINST HOWARD’S HIGHSPEED, THEN YOUR SOLE & EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE & ANY LIABILITY WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES, LIMITED TO THE AMOUNT & BY THE EXCLUSIONS SET FORTH IN THIS SECTION. THE LIMITATIONS & EXCLUSIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.

21. Complaint Resolution/Notices

All complaints must be sent to Howard at the address set forth at https://www.howardshighspeed.com or by calling 402-968-5237. Howard’s HighSpeed may require you to describe the complaint in writing. Written notices to you from Howard’s HighSpeed will be deemed given: (i) when sent to the email address specified on your Order Confirmation, or such other email address you specify in writing, with at least thirty days prior notice, (ii) three (3) days following the date deposited in the U.S. Mail addressed to your last known address as kept in Howard’s HighSpeed’s files, or (iii) the date of delivery or rejection when sent by a nationally recognized courier. You are responsible for notifying Howard’s HighSpeed of any changes in your email &/or mailing address. Written notice to Howard’s HighSpeed will be effective when directed to Howard’s HighSpeed ‘s Subscribers Service Department & received at the address set forth at https://www.howardshighspeed.com. Except as provided in this Agreement, notices must be in writing to be effective. You also agree that all correspondence & notice sent to you by Howard’s HighSpeed, including account statements, account status, payment & billing information, & changes to terms of service, will be sent by Howard’s HighSpeed electronically to the last email address provided by you.

22. Indemnification

You will defend, indemnify, & hold harmless Howard’s HighSpeed & its affiliates, the agents & suppliers of each, & any of their directors, officers, employees, agents, & shareholders & any other service provider or supplier (collectively, the” Howard’s HighSpeed Parties”) against any & all claims, losses, damages, & liabilities arising from or in connection with the use or misuse of the Service or Equipment by you or by any person you allow to use the Service or Equipment, or any breach of this Agreement by you or associated with Howard’s HighSpeed ‘s installation of Equipment, including, but not limited to, claims by any owner of the Service location. You also agree to reimburse the Howard’s HighSpeed Parties & pay each Howard’s HighSpeed Party’s reasonable attorneys’ fees & costs related to defending such claims & related to enforcing this Agreement, including any such fees incurred in connection with any appeal. This section will survive termination or expiration of this Agreement for any reason.

23. Assignment and Successors in Interest

All of the provisions of this Agree & permitted assigns. Except as specifically stated herein, you may not assign this Agreement or any of your rights, interests, or obligations without the prior written consent of Howard’s HighSpeed. Any such assignment without consent will be void. The Company may assign this Agreement, in whole or in part, without your consent.

24. Entire Agreement/Severability

This Agreement consists of these terms & conditions, the Order Confirmation, & your Service Plan (each as they may be amended from time to time) & represents the entire agreement & understanding of you & Howard’s HighSpeed regarding the subject matter of this Agreement & supersedes all other representations, whether electronic written, or verbal, regarding the subject matter herein. In the event this Agreement is inconsistent with any document incorporated herein by reference or any other agreement between you & Howard’s HighSpeed, this Agreement will control, unless Howard’s HighSpeed has expressly stated or agreed otherwise. In the event that a court of competent jurisdiction determines, in a final non-appeal able judgment, that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted & the remainder of this Agreement will remain in full force & effect & shall be enforced as nearly as possible in accordance with the stated intention of the parties

26. Arbitration; Choice of Law; Statute of Limitations; Jury and Class Action Waiver

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH YOU RESIDE WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THIS AGREEMENT & ANY ACTION TO COLLECT AMOUNTS DUE TO Howard’s HighSpeed UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) THEN IN EFFECT. THE PLACE FOR ARBITRATION WILL BE IN THE STATE WHERE THE SERVICE IS PROVIDED. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING & CONCLUSIVE UPON ALL PARTIES INVOLVED & JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. UNLESS YOU & WE AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, & MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. THIS DUTY TO ARBITRATE & THE PROVISIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THIS AGREEMENT. YOU & HOWARD’S HIGHSPEED WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE OR EQUIPMENT. NEITHER PARTY SHALL, & EACH PARTY WAIVES ANY RIGHT TO, PARTICIPATE IN A CLASS ACTION (INCLUDING ANY CLASS ARBITRATION), EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. YOU & Howard’s HighSpeed AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THIS AGREEMENT WILL PREVENT HOWARD’S HIGHSPEED FROM SEEKING CONSERVATORY, PROTECTIVE OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT ANY OF THE TERMS IN THIS SECTION IS HELD TO BE IN CONFLICT WITH A MANDATORY PROVISION OF APPLICABLE LAW, THE CONFLICTING TERM OF THIS SECTION SHALL BE MODIFIED AUTOMATICALLY TO COMPLY WITH SUCH PROVISION & THE REMAINDER OF THIS SECTION 24 SHALL NOT BE AFFECTED.

VISITOR AGREEMENT

Introduction

Welcome to the Howard’s HighSpeed web site. This website is a service of Howard’s HighSpeed & its affiliates (” Howard’s HighSpeed “). By using this website, you agree to the terms of this visitor agreement (“Visitor Agreement”). You should read this Visitor Agreement carefully. If you don’t accept the terms of this Visitor Agreement, please don’t use the Howard’s HighSpeed web site. Each time you use this website in the future, you agree to the terms of the Visitor Agreement as it exists at the time of your use.

Use

You may view, copy or print pages from this site solely for personal, non-commercial purposes, provided that you maintain all copyright notices, trademark legends & other proprietary rights notices. Any other use is prohibited. You may not use, modify, copy, print, display, reproduce, aggregate, distribute or publish any information from this site for any other purpose without Howard’s HighSpeed’ s written permission. Howard’s HighSpeed may make changes to this site or to the services or products described in this site at any time, without notice. You shall not use this web site in any way that, as determined by Howard’s HighSpeed in its sole discretion, violates any applicable law or any third party’s property rights, or that restricts or inhibits any other user from using this web site. You shall not post on or transmit through this web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically objectionable, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws. Howard’s HighSpeed shall determine in its sole discretion whether you have violated the foregoing restriction. Any conduct, communication, or content that, in the sole discretion of Howard’s HighSpeed, (i) violates applicable law, or (ii) is harmful or objectionable to individual users or to Howard’s HighSpeed , or (iii) infringes any rights of Howard’s HighSpeed or any third party, is prohibited. We cannot ensure prompt removal of questionable content after online posting, however. Howard’s HighSpeed & its representatives do not assume liability for any action or inaction with respect to conduct, communication, or content on this website.

Purchase of Service

All purchases & use of services or products through the Howard’s HighSpeed web site are governed by our Howard’s HighSpeed Terms of Service, our Acceptable Use Policy, & other policies set forth on our web page. Please read them before making a purchase or any use. To learn more about Howard’s HighSpeed services & products, you can visit our website.

No Guarantee of Reliability or Security

We try to provide accurate information through our website, but we do not guarantee & are not responsible for the information you find on our website. Howard’s HighSpeed does not endorse any particular third parties, or their sites, merely because we provide a link to their website. Howard’s HighSpeed uses reasonable precautions to protect the privacy of your personal information, such as credit card & other ordering information, but Howard’s HighSpeed does not guaranty the security of your information. Howard’s HighSpeed utilizes a Secure Socket Layer (“SSL”) connection. Accordingly, your credit card & other ordering information, such as your name & address, is encrypted using the SSL connection & is not expected to be read in an intelligible form as it travels to Howard’s HighSpeed order processing system. As effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee that information you supply won’t be intercepted while being transmitted to us or by us over the Internet. If your browser does not support the use of an SSL connection or if you prefer not to send your credit card number over the Internet, you can place your order by calling Howard’s HighSpeed at 402-968-5237. You must protect your username & password. Please log off before closing the browser window if you access your account from a public computer. To obtain access to certain services through the Howard’s HighSpeed web site, you may be given an opportunity to register with Howard’s HighSpeed. As part of any such registration process, you will select a member name & password. You agree that the information you supply during that registration process will be accurate & complete & that you will not register using a fictitious name or under the name of, nor attempt to enter our site under the name of, another person. Howard’s HighSpeed reserves the right to reject or terminate any member name that it deems offensive. You will be responsible for preserving the confidentiality of your password & will notify Howard’s HighSpeed of any known or suspected unauthorized use of your account.

Ownership of Information

“Howard’s HighSpeed” & our logo are trademarks of Howard’s HighSpeed &/or its affiliates. All other trademarks, product names, & company names & logos appearing on this web site are the property of the owner. You must obtain permission from the owner before copying or using the owner’s trademarks, product names & company name & logo. With the exception of website content provided by Howard’s HighSpeed the information, data, software, photographs, graphs, videos, graphics, music, sounds, page headers, custom graphics, button icons, & other materials contained in this web site (collectively, the “Content”) are protected by copyrights, trademarks, trade secrets & other proprietary rights. These rights are valid & protected in all forms, media & technologies now existing or hereafter developed.

Content Submissions

Certain portions of this website may allow you to post or upload comments, messages, materials, information, or other content (collectively, “User Generated Content”). Howard’s HighSpeed has no obligation to review User Generated Content posted &/or submitted by any persons accessing this web site. Howard’s HighSpeed is not in any manner responsible for User Generated Content, it does not guarantee the accuracy, integrity or quality of User Generated Content, & it cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on this web site. You acknowledge that by providing you with the ability to access & view User Generated Content on this web site, Howard’s HighSpeed is merely acting as a passive conduit for such distribution & is not undertaking any obligation or liability relating to any User Generated Content or activities of users on this web site. Without limiting the generality of the foregoing, you acknowledge & agree that the information, materials & opinions expressed or included in any User Generated Content are not necessarily those of Howard’s HighSpeed You acknowledge & agree that Howard’s HighSpeed has the absolute right, but not the obligation, to monitor User Generated Content posted to this web site in its sole discretion. In addition, Howard’s HighSpeed reserves the right to alter, edit, refuse to post, or remove any such User Generated Content, in whole or in part, for any reason or for no reason, & to disclose such User Generated Content & the circumstances surrounding their transmission to any third party. You agree that Howard’s HighSpeed does not have any obligation to use or respond to any User Generated Content You may not post or otherwise distribute User Generated Content to this web site which Howard’s HighSpeed in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any of Howard’s HighSpeed’s other rights, illegal, or otherwise objectionable to Howard’s HighSpeed. You may not upload commercial content on this web site or use this web site to solicit others to join or become members of any other commercial online service or other organization. You may be required to register &/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to this web site. You shall indemnify & hold Howard’s HighSpeed harmless with respect to all claims resulting from User Generated Content you supply. Your User Generated Content is not confidential or proprietary. When you post User Generated Content to this web site, you authorize Howard’s HighSpeed to make such copies thereof as it deems necessary in order to facilitate the posting & storage of the User Generated Content on this web site. You grant to Howard’s HighSpeed a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right to use, reproduce, distribute, transmit, create derivative works, publicly display any of your User Generated Content in any manner or media now or later known, including but not limited to the right to sublicense & assign & commercialize the User Generated Content without any compensation due to you. Howard’s HighSpeed does not assert any ownership over your User Generated Content; rather, as between Howard’s HighSpeed & you, subject to the rights granted to Howard’s HighSpeed in this Visitor Agreement, you retain full ownership of all of your User Generated Content & any intellectual property rights or other proprietary rights associated with your User Generated Content. You agree that you shall immediately notify Howard’s HighSpeed in writing of any objectionable content appearing on this web site. Howard’s HighSpeed will make good faith efforts to investigate allegations that any User Generated Content violates this Visitor Agreement but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, & (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content. Any use of any content on the Website, including without limitation User Generated Content, will be at your own risk.

No Warranties

THE INFORMATION PROVIDED AT OR THROUGH THIS WEBSITE IS PROVIDED ON AN “AS IS” & “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, NON-INTERFERENCE, OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER [Company] NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THIS WEB SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM SERVICE DEGRADATION OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE AT OR THROUGH THIS WEBSITE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION & RISK & YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. This website may be temporarily unavailable for scheduled or unscheduled maintenance, equipment modifications or upgrades, & for other reasons within & outside of the direct control of Howard’s HighSpeed. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the accuracy of information obtained through this website. Although Howard’s HighSpeed employs security measures, Howard’s HighSpeed cannot guarantee the security of this website or information provided through this website, or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties will be detected or remediated by Howard’s HighSpeed

Limitations on Howard’s HighSpeed Liability; Indemnification

NOTWITHSTANDING ANYTHING ELSE IN THIS VISITOR AGREEMENT, NEITHER [Company] NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE OR OBLIGATED UNDER THIS VISITOR AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THIS WEB SITE OR ACCESS TO THE INTERNET, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR FOR ANY LACK OR BREACHES OF SECURITY OF THIS WEB SITE OR STORAGE OF YOUR DATA.
These limitations apply whether the claim is based on breach of contract, breach of warranty, negligence, product liability, or any other basis, & apply whether or not Howard’s HighSpeed was informed of the likelihood of any particular type of damages. If you are dissatisfied with this website, or if you have any other dispute with Howard’s HighSpeed relating to this website, then your sole & exclusive remedy is to discontinue using this website. Some of the disclaimers & exclusions in this Visitor Agreement may not apply to you because some states do not allow the disclaimer of certain warranties or the exclusion of liability for consequential or incidental damages. In any such case, the liability of Howard’s HighSpeed shall be limited to the greatest extent permitted by law. You will defend, indemnify, & hold harmless Howard’s HighSpeed against any & all claims, losses, damages, & liabilities arising from or in connection with the use or misuse of this website. This section of the Visitor Agreement shall survive its termination for any reason.

Miscellaneous

This Visitor Agreement has been made in & will be construed in accordance with the laws of the State of Iowa. By using the Howard’s HighSpeed website, you consent to the exclusive jurisdiction of the state & federal courts in Iowa, in all disputes arising out of or relating to this Visitor Agreement & your use of the website. Any cause of action or claim you believe you may have with respect to the web site or any Howard’s HighSpeed service or product obtained through the web site must be brought within one (1) year after the alleged claim or cause of action arises. Any failure to insist upon or enforce strict performance of any provision of this Visitor Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Visitor Agreement. We reserve the right to suspend service or deny access to our site for any reason. Neither such termination of access, nor any action or inaction by you or any other user of this website, shall suspend or terminate your obligations under this Visitor Agreement.