Wireless Internet Service Agreement

By establishing an account or using the Services of River Canyon Wireless, you agree to be bound by this Agreement and to use the Service in compliance with this Agreement, our Acceptable Use Policy and other policies. River Canyon Wireless is a D/B/A and/or Subsidiary of Royce’s Electronics Inc.

The following terms and conditions shall apply to customers subscribing to River Canyon Wireless Internet Service. This Agreement is part of and shall be incorporated into the Acceptable Use Policy. In utilizing River Canyon Wireless Internet Service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement as River Canyon Wireless may modify it from time to time. In the event of an inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern. In the event that any portion of this agreement is altered or changed by River Canyon Wireless, the latest shall be available at www.rivercanyonwireless.com. Changes shall be effective when posted. Customer agrees to review the Wireless Internet Service Agreement available at that site from time to time to be aware of any changes.

Billing

Billing is done once per month; full payment is due net 30 days from the date of the invoice. Payments can be mailed to our office. We will only give account information to the registered account holder. Please make sure to add a spouse’s name to the application if you ant them to have access to change the account in any way.

Payment Policies and Terms

Payment by subscriber shall be due to River Canyon Wireless, net 30 days from the date of the invoice. A Fifteen Dollar ($15.00) late payment fee shall be assessed on any account not paid within fifteen (15) days from the due date of the invoice. Accounts remaining unpaid for thirty (30) days or more shall be deemed delinquent. Delinquent accounts shall accrue interest at 21.5% APR on all outstanding principle amounts until paid. Delinquent accounts shall be placed on accounting hold and services to the Subscriber/Customer shall be suspended until the account is paid in full. For any subscriber’s account that has been placed on suspended service, River Canyon Wireless reserves the right, at its sole discretion to charge a Fifty Dollar ($50.00) reconnection charge to the customers account to reactivate the subscriber’s Services after the reconnection charge has been paid. In the event any balance is not paid as agreed, the undersigned agrees to pay a collections fee equal to 40% of the unpaid balance in addition to the unpaid balance. In the event of a lawsuit to collect the unpaid balance, the undersigned further agrees to pay court costs and reasonable attorney fees.

A Twenty-Five Dollar ($25.00) fee will be added to the subscriber account in the event of any back returned check. In the event that more than one check is returned during the lifetime of the Subscriber/Customer’s account, we will only accept cash, credit card or certified funds for payment on the account.

Termination

River Canyon Wireless reserves the right to terminate this Agreement, your password, your account, or your use of the Internet Service, at any time, for any reason without prior notice, including, but not limited to, if River Canyon Wireless, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. River Canyon Wireless 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 Service, but is not required to do so.

Termination by River Canyon Wireless for violations of River Canyon Wireless’s Acceptable Use Policy shall be subject to the termination fee as described above.

Additional Fees

In the event that special construction, or additional equipment including but not limited to, longer cable, additional grounding, higher tower or mast hardware, or specialized antennas, an additional fee will be required for said equipment and any additional labor not included with the standard install. Additional labor is billed at $60.00/hr.

Equipment and Scope of Work

All equipment, modems, subscriber modules, antennas and standard mounting equipment furnished by River Canyon Wireless will at all times remain the property of River Canyon Wireless. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by River Canyon Wireless in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes River Canyon Wireless to retrieve from Subscriber’s premises equipment that is owned by River Canyon Wireless.

Standard Maintenance

River Canyon Wireless connection point ends at the Subscriber Module. Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. Standard maintenance is limited solely to River Canyon Wireless’s network and backbone connectivity.

If your connection ceases to function properly but River Canyon Wireless’s network is still functioning properly, a technician will be sent to troubleshoot during normal business hours. (9AM 4:30PM Monday-Friday). If the problem is due to subscriber negligence, or any of those items listed in the Not covered by Standard Maintenance section, standard hourly rates apply.

Not Covered by Standard Maintenance

Repair or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber or causes external to the wireless system such as, but not limited to failure of, or faulty, electrical power, operator error, or malfunction of Subscriber’s computer and/or peripheral equipment, including routers, which are considered customer owned equipment, or from any cause related to or other than the intended ordinary use. Antenna re-aiming or relocation due to obstructions such as trees, vegetation or buildings, or storm related damage. Any re-aiming or relocation of antennas, or reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates.

Indemnification/Release

Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release River Canyon Wireless, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of, or termination of River Canyon Wireless’s services hereunder including but not limited to, Subscriber’s access to content uploaded or downloaded using River Canyon Wireless’s service from any source or to any recipient. Subscriber further releases River Canyon Wireless from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through River Canyon Wireless’ systems and/or the wireless network. Subscriber’s release of River Canyon Wireless includes any actions or inaction by River Canyon Wireless which amount to negligence. Subscriber further agrees to indemnify and hold harmless River Canyon Wireless from and against any and all claims, actions, causes of action, loss or damages including attorney fees which in any way arise from Subscriber’s installation of, use of, termination of, River Canyon Wireless’ services herein.

Disclaimer

River Canyon Wireless assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via River Canyon Wireless’ services. River Canyon Wireless discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by River Canyon Wireless which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to, pornographic, or otherwise inappropriate or sexually explicit offensive content. Subscriber acknowledges to River Canyon Wireless that its use of River Canyon Wireless’ service to access information, content or other services is at it’s own risk.

Governing Law and Venue

The laws of the State of Utah shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Grand County, Utah.

Binding Arbitration

Any dispute, claim or controversy, excluding debt collections disputes and activities, arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determied by binding arbitration. Judgement on the Award may be entered in any court having jurisdiction. The judgement of any such Arbitration shall be binding unto the parties.

Customer Agreement

The customer agrees that they will read and understand the checklist, FAQ and Won’t do and Acceptable Use Policy sections of the River Canyon Wireless website. The customer assumes all liability of providing a computer or device capable of using the IP protocol over Ethernet.

Entire Agreement

This Agreement, in combination with the Acceptable Use Policy and other policies posted directly and publicly on the River Canyon Wireless website, constitute the entire Agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall remain in full force and effect.

Residential Packages are for single-family residence and/or home-office use only. Internet sharing is allowed only within the boundaries of the residence. Business Packages are for a single business or hotel property only. WiFi sharing with guests or customers of businesses or hotels is permitted when the business’s guest or customer is at the business or hotel location, but not with anyone not on the property of the business. Allowing others to use this connection via wired, wireless (Wi-Fi or other technology) or by other means will result in immediate disconnection. Reselling this service will result in immediate disconnection. However, businesses may set up a Wi-Fi hotspot with permission from River Canyon Wireless. This is only allowed on a case-by-case basis.

Using a personal account for high volume or commercial use (e.g., revenue generation, advertsing, etc.) is prohibited. Email accounts exceeding the Member’s allotted email space, may, at River Canyon Wireless’s discretion, be transferred to a compressed temporary file or storage. River Canyon Wireless may delete the temporary files from the server 60 days after notifying you.

Monitoring of Service

River Canyon Wireless has no obligation to monitor the Service, but may do so from time to time. River Canyon Wireless will not disclose any personal or identifiable information to any other party unless it is legally obligated to do so, including, but not limited to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly, or to protect itself and its interests.

River Canyon Wireless may immediately remove your material or information from River Canyon Wireless’s servers, in whole or in part, which River Canyon Wireless, in its sole and absolute discretion, determines to infringe on another party’s proprietary rights or to violate our Acceptable Use Policy.

Content Filtering

In compliance with Utah Code 76-10-1231 Upon request customers of River Canyon Wireless may request content filtering for their personal internet account. Upon request of content filtering services the requirements of filtration will be covered by knowledgeable competent staff to either provide content filtration assistance or assist the customer in the execution of content filtration on their personal equipment. River Canyon Wireless is not liable for any faults in the filtration process not limited to, but including sites that have not been added to filtration listings or the knowledgeable circumventing of the filtration process and systems.

Abuse of Service

Any use of the system that disrupts the normal use of the system for other Subscribers is considered to be abuse of Services. The propagation of computer worms, viruses, spyware, adware or the use of the network to make unauthorized entry to any other computer systems, River Canyon Wireless equipment, or other communication devices or resources of others is a violation of this agreement. The use of River Canyon Wireless’s services by Subscribers to modify, alter, reverse engineer, decompile disks, or disassemble any proprietary work in whatever form is a violation of this Agreement. The failure of any Subscriber running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) or any other inter router protocol by Subscriber is a violation of this Agreement. Failure to obey all terms set forth in the Acceptable Use Policy is a violation of this Agreement. Any Subscriber deemed by River Canyon Wireless to be in violation of this section is subject to immediate termination by River Canyon Wireless. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.