Thank you for choosing Wilson Creek Communications for your internet needs. This document is important-please read it carefully. THIS WILSON CREEK COMMUNICATIONS INTERNET TERMS AND CONDITIONS (together with the Wilson Creek Acceptable Use Policy, the Fee Schedule, and any other policies or agreements incorporated by reference herein, this "Agreement") CONSTITUTE A LEGAL AND BINDING CONTRACT BETWEEN THE CUSTOMER ("User") AND WILSON CREEK COMMUNICATIONS NETWORKS, LLC d/b/a WILSON CREEK COMMUNICATIONS AND SETS FORTH THE TERMS AND CONDITIONS FOR ALL WILSON CREEK COMMUNICATIONS BROADBAND INTERNET AND RELATED SERVICES ("Service" or "Services").

WILSON CREEK COMMUNICATIONS RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE REVISED AND UPDATED AGREEMENT ON WILSON CREEK COMMUNICATIONS' WEBSITE. WILSON CREEK COMMUNICATIONS WILL NOTIFY USER OF ANY MATERIAL ADVERSE CHANGES ON WILSON CREEK COMMUNICATIONS' WEBSITE, NOTIFYING USER BY EMAIL OR US MAIL, AND/OR NOTIFYING USER DELIVERS MONTHLY BILLING STATEMENT. USER'S CONTINUED SUBSCRIPTION TO AND/OR USE OF SERVICES AFTER A CHANGE HAS BEEN POSTED, OR 30 DAYS AFTER NOTICE OF SUCH CHANGE (WHICHEVER IS EARLIER), CONSTITUTES USER'S ACCEPTANCE OF AND CONSENT TO BE BOUND BY THE MODIFIED AGREEMENT.

This Agreement supersedes all prior representations, understandings or other agreements between User and Wilson Creek Communications with respect to the Service and will supersede any conflicting terms and conditions contained in any other documentation, including any customer-generated documentation.

Internet Access – Subject to the Service characteristics contained herein, Wilson Creek Communications shall provide Internet connections between the Wilson Creek Communications provided wireless or wired Equipment and Wilson Creek Communications’ Internet backbone. Internet connections are provided as “up-to” the speeds advertised within the Service plan purchased by User reflecting performance under ideal conditions. Wilson Creek Communications reserves the right to interrupt those speeds if necessary for Equipment upgrades and network maintenance, and will do its best to inform User of any such interruptions ahead of time. Wilson Creek Communications shall have the unrestricted right to engage subcontractors in rendering Services under this Agreement.

The Service, any Devices or Equipment, and any firmware or software used to provide the Service or provided to the User in conjunction with providing the Service, or embedded in the Devices or Equipment, and all Services, information, documents and materials on Wilson Creek Communications Websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of Wilson Creek Communications’ websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain the exclusive property of Wilson Creek Communications. Nothing in this Agreement grants User the right or license to use any Wilson Creek Communications marks.

User has not been granted any license to use the firmware or software used to provide the Service or provided to the User in conjunction with providing the Service, or embedded in any Devices or Equipment, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. User expressly agrees that any Device or Equipment is exclusively for use in connection with the Service and that Wilson Creek Communications will not provide any passwords, codes or other information or assistance that would enable User to use such Device or Equipment for any other purpose. Wilson Creek Communications reserves the right to prohibit the use of any interface equipment that Wilson Creek Communications has not provided to the User. User hereby represents and warrants that User possess all required rights, including software and/or firmware licenses, to use any interface equipment that Wilson Creek Communications has not provided to User. In addition, User shall indemnify and hold Wilson Creek Communications harmless against any and all liability arising out of User’s use of such interface equipment with the Service. User shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

User shall not change the electronic serial number or equipment identifier of any Device or perform a factory reset of any Device without prior written consent from Wilson Creek Communications. Wilson Creek Communications reserves the right to terminate User’s Service if Wilson Creek Communications believes, in Wilson Creek Communications’ sole and absolute discretion, that User has tampered with any Device. In the event of such termination, User will remain responsible for any termination fees as provided for in this Agreement. User shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.

User can best control the risks associated with security, and are therefore solely responsible for maintaining and upholding the account security of their Service. Wilson Creek Communications will not be responsible for any disruption of Service, corrupted files or viruses which affect the User of the Service. It is User’s responsibility to safeguard User’s network and equipment through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of User’s failure to properly secure User’s network and devices may result in the immediate termination of User’s Service. User is entirely responsible for any actions, damages, or costs incurred via their account, regardless of who is using that account.

Service Availability – The Service is subject to availability as it is contingent on available Wilson Creek Communications facilities and unique signal path conditions between such facilities and the User premises. Due to the nature of the Service technology, Wilson Creek Communications reserves the right to deem the Service unavailable to the User up to, including, and after the installation. Wilson Creek Communications assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in User’s geographical area, for any reason, even where such unavailability occurs after installation of the Service.

Service Plans – Wilson Creek Communications offers a range of Service plans with different speeds and data usage. Service plans are subject to availability and may include other promotional terms and conditions. If User changes or upgrades their Service plan, any special or other promotions may be subject to discontinuance or removal.

Performance Levels – Speed is a function of the traffic experienced upon the wider network architecture of the Internet itself. Wilson Creek Communications Services are provided as “up-to” speeds and Wilson Creek Communications does not guarantee the maximum Service performance (throughput speeds) levels. Wilson Creek Communications will make every reasonable effort to ensure that Users receive the speeds under the Service plan they signed up for throughout most of a User’s daily use and reflecting performance under ideal conditions. Wilson Creek Communications is not responsible for speeds from points anywhere else on the internet and User understands that content that User may access through the Service may be subject to “caching” or several other factors that are beyond Wilson Creek Communications’ control.

Throughput Volume – Depending on the Service plan signed up for, an account will have a standard quota for disk space and data usage. At Wilson Creek Communications’ discretion, additional quota may be added to such an account for a recurring fee, based on Wilson Creek Communications’ then-current rates. Data usage on an account above User’s limit will result in additional fees as set forth in the Additional Fee Statement (as defined herein).

IP Address Policies – Wilson Creek Communications will provision IP addresses as part of the Service according to its standard networking guidelines and applicable regional internet registry policies. Dynamic IP addresses may be recycled or updated without notice. Static IP allocations remain subject to availability and eligibility criteria.

Network Management –  User understands, acknowledges and agrees that Wilson Creek Communications may use various tools and techniques in order to efficiently and reasonably manage its networks. Wilson Creek Communications may employ traffic-management technology to allocate bandwidth across all of its customers and has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on Wilson Creek Communications’ servers.

IP Addresses –  Internet Protocol (“IP”) addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by Wilson Creek Communications and/or the American Registry for Internet Numbers (ARIN).

Wilson Creek Communications Equipment -Wilson Creek Communications will provide User the authorized wireless or wired Equipment for use with the Wilson Creek Communications Service. Only Wilson Creek Communications Consumer Premises Equipment (“CPEs”) are permitted and authorized to be connected to the Service.

User Equipment – It is User’s responsibility to ensure that User’s computer system meets the current minimum system requirements stated by Wilson Creek Communications as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, User’s computer equipment may cease to be adequate to access the Service. In such event, User’s sole remedy will be to upgrade computer equipment or terminate this Agreement. It is possible for hardware and software below Wilson Creek Communications’ stated minimum requirements to work on Wilson Creek Communications’ network. However, Wilson Creek Communications does not guarantee service with hardware lower than the following requirements and the use of older software can expose User and User’s data to viruses and other security risks.

Requirements to work on Wilson Creek Communications' Network:

• Windows System: Pentium Processor 1 GHz, or equivalent, 1 GB of memory (RAM), 16 GB of free hard drive space, 16bit colors at 1024×768 resolution, and Ethernet card (NIC) or WAN Card (WiFi).
• Macintosh System: MAC OS 10.6 or newer; Intel Core 2 Duo processor or newer, 2 GB of memory (RAM), 8 GB of free hard drive space, Ethernet or WiFi Card (NIC).

If User chooses to cancel the Service at any point after the order is placed, but before the Service has been activated, User will not be invoiced and will not be charged a processing fee. If User wishes to cancel the Service before Service has been activated, the User is required to notify Wilson Creek Communications of User’s intent to cancel prior to activation by calling Wilson Creek Communications customer service at 805-365-4522. User may terminate the Service at any time upon notice to Wilson Creek Communications. Termination is effective on the date you contact Wilson Creek Communications to cancel the Service or as of a future date designated by User or Wilson Creek Communications, provided Wilson Creek Communications can support such future date. HOWEVER, PAID CHARGES ARE NOT SUBJECT TO REFUND SO IF USER CANCELS SERVICE BEFORE THE END OF A BILLING CYCLE, THERE WILL BE NO PRO-RATED REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH PERIODS REMAINING AFTER THE TERMINATION DATE.

Equipment – If all Equipment provided by Wilson Creek Communications is not returned within 30 days of cancellation or termination of Service, User agrees to pay Wilson Creek Communications the fees as set forth in the Additional Fee Statement (as defined herein). User authorizes Wilson Creek Communications and its agents to charge the Equipment replacement charge to any credit/debit card or electronic check on file with Wilson Creek Communications. If Wilson Creek Communications is unable to obtain a charge authorization for the full amount due, User agrees to provide alternative payment in the form of a money order, cashier’s check, or other certified bank check within 10 days of notification of the amount due. User bears all risk of loss of, theft of, casualty to or damage to the Equipment; from the time it is shipped to the User until the time (if any) when it is returned to Wilson Creek Communications in accordance with this agreement.

Phone Number – Upon the termination of User’s Service, Wilson Creek Communications may, in its sole and absolute discretion, release to the User’s new service provider the telephone number that User ported (transferred or moved over) to Wilson Creek Communications from User’s previous service provider and used in connection with User’s service if: such new service provider is able to accept such number; User’s account has been properly terminated; User’s account is completely current, including payment for all charges and applicable termination fees; and User requests the transfer upon termination of the account.

Inappropriate use or abuse of the Services by User, as determined in the sole discretion of Wilson Creek Communications, may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of Wilson Creek Communications Services by others can be traced, documented, and reported to appropriate authorities and may be prosecuted to the fullest extent of the law.

Wilson Creek Communications may terminate your account immediately if it determines, in its sole discretion, that User has violated any of the provisions of this Agreement, including but not limited to Wilson Creek Communications’ Broadband Internet Acceptable Use Policy. Wilson Creek Communications reserves the right to unilaterally terminate or suspend an account at any time, without providing a reason.

Further, Wilson Creek Communications may terminate User’s Service for any reason by providing written notice to User at least fifteen (15) days prior to the termination date.

If User’s Service is terminated by Wilson Creek Communications for any reason, User will remain fully liable and responsible to pay any fees that are still owed to Wilson Creek Communications pursuant to this Agreement and for all costs Wilson Creek Communications incurs to collect such amounts, including, without limitation, collection costs and attorney’s fees.

Fees – Fees include, without limitation, set up or installation fees, monthly Service fees, monthly Equipment fees and other fees as set forth below. Wilson Creek Communications will invoice fees for Services and any Equipment in advance. User agrees to pay all federal, state or local taxes and fees arising under this Agreement. If, during the first thirty (30) days of service, the User is having service or quality issues with the Telephony Service and/or Internet Service which Wilson Creek Communications is not able to fix, the User may cancel the Service and Wilson Creek Communications, in its sole and absolute discretion, will refund all monies paid (including installation cost).

Additional Fees – All Wilson Creek Communications Services are subject to additional fees, including, but not limited to overage charges, unreturned Equipment fees, early termination fees, upgrade fees, Directory Assistance (411) calls, insufficient funds fees, late fees, and reconnect fees as set forth in the Additional Fees and Payment Terms Disclosure Statement as it may be updated from time to time (the “Additional Fee Statement”).

Payment Method and Timing – Accounts may be paid by electronic bank draft, money order, check or credit/debit card. User’s Wilson Creek Communications account will be considered delinquent if payment is rejected for any reason or if any unpaid balance remains on the account. Payment terms including due date and late payment policy is as set forth in the Additional Fee Statement. Payment is in advance of Service delivery for that month.

Late Fees and Service Interruption/Disconnect – Wilson Creek Communications shall charge User Late and other applicable fees to recover the costs of dealing with late payment situations. These fees are in addition to all other fees. Additionally, Wilson Creek Communications may interrupt or disconnect User’s Services for non-payment and User shall be subject to a Disconnect Fee. The late terms and associated charges are determined by the date payment is received by Wilson Creek Communications. Late terms and associated fees for each stage of the delinquency process are as set forth in the Additional Fee Statement. The Additional Fee Statement also sets forth the appropriate intervals when User’s account will be interrupted or disconnected and when any outstanding balance will be sent to collections. At such time that Wilson Creek Communications determines that Equipment is to be retrieved from User, Wilson Creek Communications will call or email User to inform them that Equipment will be removed and retrieved. In all cases, if User wants to resume or reconnect Services, User’s account must be brought current.

Billing Disputes and Errors – Subject to applicable law, User may dispute any invoiced charge by contacting Wilson Creek Communications within thirty (30) days of the date of the disputed invoice. All invoiced charges shall be deemed correct and indisputable thirty (30) days after the date of the invoice on which they appear and User shall waive the right to dispute any charge after such period. Wilson Creek Communications’ obligation with respect to any billing errors resulting in User’s overpayment for Service is limited to granting invoice credits equal to the dollar amounts erroneously billed, subject to the above limitation.

Free Charges – User acknowledges and agrees that Wilson Creek Communications has the right to change its Service fees, additional fees, or add new fees at any time, upon notice to the User.

User Charges – User acknowledges that User may incur User-initiated charges while using the Services. For example, charges may be incurred as a result of User accessing certain information, or purchasing or subscribing to certain offerings, via the Internet. User agrees that all such charges, including all applicable fees and taxes, shall be paid by User and are not the responsibility of Wilson Creek Communications.

Wilson Creek Communications will provide installation Services at the User premises at an agreed-upon price. As part of the installation process, modifications to the inside wiring in User’s house may be required, and User hereby consents to and authorizes any such modifications. User authorizes Wilson Creek Communications, and its employees, agents, contractors, and authorized representatives to enter User’s premises in order to install, maintain, inspect, repair and remove the Equipment and/or Services. If User is not the owner of the premises, upon request, User will supply Wilson Creek Communications with the owner’s name and address and written consent or other evidence that User is authorized to grant access to the premises on the owner’s behalf or Wilson Creek Communications may request permission from the owner to install the Services on the premises. This Agreement is contingent upon Wilson Creek Communications’ obtaining a right of entry onto the premises and Wilson Creek Communications shall not have any liability if access or right of entry to the premises is denied or limited for any reason. User will not remove Equipment from the premises, modify the Equipment in any way, or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected to by the Wilson Creek Communications installer. For such charges as Wilson Creek Communications may determine, Wilson Creek Communications may relocate the Equipment for User within the premises at User’s request.

If User moves during the term of this agreement and would like to relocate the Service, User must place a relocation request with Wilson Creek Communications. This request must contain the requested date of Service termination, plus the address and phone number of the new location, and, the prospective move-in date, and the requested transfer of Service date. Upon receipt of a request from User, Wilson Creek Communications will suspend all monthly fees from the requested termination date until Service relocation is completed. The maximum suspension is set forth in the Additional Fee Statement. Upon transfer of User’s account, User agrees to continue to comply with all terms and conditions of this Agreement and the Service plan originally agreed to. Billing cycle and Service Term will recommence upon activation of Wilson Creek Communications Service at the new location.

Wilson Creek Communications takes User’s personally identifiable information and privacy seriously and has established a Privacy Policy which governs its collection, use, disclosure, management and security related to User’s personal information. The Wilson Creek Communications Privacy Policy may be updated from time to time. By using the Service User acknowledges that User accepts the practices and policies outlined in Wilson Creek Communications’ Privacy Policy. User’s continued use of the Service after notice of any changes to the Privacy Policy have been provided will indicate User’s acceptance of such changes.

User shall be solely responsible for independent backup of any data files residing on Wilson Creek Communications computers or networks. Wilson Creek Communications reserves the right to remove/delete any personal files after an account is terminated or associated with prohibited activities.

Wilson Creek Communications is working to provide the best service possible and welcomes User’s ideas on how Wilson Creek Communications can improve the quality of our service. User can communicate User’s views to Wilson Creek Communications by calling 805-365-4522.

DISCLAIMER: USER EXPRESSLY AGREES THAT USE OF THE SERVICES AND ANY EQUIPMENT IS AT USER’S SOLE RISK. THE SERVICES AND ANY EQUIPMENT PROVIDED TO THE USER BY WILSON CREEK COMMUNICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. WILSON CREEK COMMUNICATIONS DOES NOT WARRANT (i) THE UNINTERRUPTED, TIMELY OR SECURE USE OF THE SERVICE; (ii) THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY EQUIPMENT WILL MEET USER’S REQUIREMENTS; (iii) THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPOMNENTS; OR (iv) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES USER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO USER’S COMPUTER OR DEVICE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY WILSON CREEK COMMUNICATIONS OR WILSON CREEK COMMUNICATIONS AGENTS OR INSTALLERS, WHETHER ORAL OR WRITTEN, ARE INFORMATIONAL ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

LIMITED WARRANTY:  WILSON CREEK COMMUNICATIONS WARRANTS THAT IT WILL USE REASONABLE EFFORTS TO RENDER SERVICES PURSUANT TO THIS AGREEMENT IN A TIMELY, PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH TIMELINES ESTABLISHED HEREIN. ANY CLAIM FOR BREACH OF THE FOREGOING WARRANTY MUST BE BROUGHT WITHIN SIXTY (60) DAYS AFTER USER’S ACTUAL DISCOVERY OF ANY DEFECT AND PRIOR TO THE EXPIRATION OF SIX (6) MONTHS FROM THE DATE THE APPLICABLE SERVICES WERE RENDERED. WILSON CREEK COMMUNICATIONS WILL HAVE NO LIABILITY FOR ANY CLAIM MADE AFTER SUCH TIME. WILSON CREEK COMMUNICATIONS DOES NOT WARRANT, HOWEVER, THAT YOUR USE OF ANY SERVICES WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR SECURE. WILSON CREEK COMMUNICATIONS’ ENTIRE LIABILITY AND USER’S EXCLUSIVE REMEDY IN CASE OF BREACH OF THIS 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WILSON CREEK COMMUNICATIONS OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS OR AGENTS OR ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO USER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF WILSON CREEK COMMUNICATIONS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.

ADDITIONALLY, WILSON CREEK COMMUNICATIONS WILL HAVE NO LIABILITY (i) FOR ANY AMOUNT IN EXCESS OF THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD; (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO USER’S FAILURE TO BACK UP ANY EQUIPMENT OR ANY LACK OF OR BREACH OF SECURITY USER, OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vi) FOR CUSTOMER”S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS AGREEMENT; OR (vii) FOR ANY MATTER BEYOND WILSON CREEK COMMUNICATIONS’ REASONABLE CONTROL.

LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO USER’S FAILURE TO BACK UP ANY EQUIPMENT OR ANY LACK OF OR BREACH OF SECURITY USER, OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vi) FOR CUSTOMER”S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS AGREEMENT; OR (vii) FOR ANY MATTER BEYOND WILSON CREEK COMMUNICATIONS’ REASONABLE CONTROL.

WILSON CREEK COMMUNICATIONS WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY OF THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; EQUIPMENT, NETWORK OR FACILITY FAILURE; EQUIPMENT, NETWORK OR FACILITY UPGRADE OR MODIFICATION; FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO) ACTS OF GOD, ACTS OF NATURE, STRIKES, FIRE, WAR, RIOT, ACTS OF TERRORISM AND GOVERNMENT ACTIONS; EQUIPMENT, NETWORK OR FACILITY SHORTAGE; EQUIPMENT OR FACILITY RELOCATION; SERVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER TO THE USER; OUTAGE OF, OR BLOCKING OF PORTS BY, USER’S ISP OR BROADBAND SERVICE PROVIDER OR OTHER IMPEDIMENT TO USAGE OF THE SERVICE CAUSED BY ANY THIRD PARTY; ANY ACT OR OMISSION BY USER OR ANY PERSON USING THE SERVICE OR DEVICE PROVIDED TO THE USER; OR ANY OTHER CAUSE THAT IS BEYOND WILSON CREEK COMMUNICATIONS’ CONTROL, INCLUDING, WITHOUT LIMITATION, A FAILURE OF OR DEFECT IN ANY DEVICE, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS (INCLUDING, WITHOUT LIMITATION, 911 DIALING) TO BE CONNECTED OR COMPLETED, OR FORWARDED. WILSON CREEK COMMUNICATIONS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.

IN NO EVENT SHALL WILSON CREEK COMMUNICATIONS’ AGGREGATE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY USER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING WILSON CREEK COMMUNICATIONS TO A CLAIM. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, AND WILSON CREEK COMMUNICATIONS LIMITS ITS LIABILITY IN SUCH JURISDICTIONS ONLY TO THE DEGREE ALLOWED BY APPLICABLE LAWS. EXCEPT FOR THE PAYMENT OF FEES DUE BY USER HEREUNDER, NEITHER PARTY WILL BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE UNDER THE AGREEMENT WHICH MIGHT BE DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ANY CONTINGENCY, DELAY, FAILURE, OR CAUSE OF ANY NATURE BEYOND THE REASONABLE CONTROL OF SUCH PARTY, INCLUDING WITHOUT LIMITATION ACTS OF NATURE, COURT OR GOVERNMENT.

User agrees to defend, indemnify and hold Wilson Creek Communications its officers, directors, agents and employees harmless from any claims, losses and damages, including reasonable attorney’s fees, resulting from User’s violation of any of the provisions of this Agreement or User’s placement or transmission of any materials or content onto Wilson Creek Communications servers or through its network, or from any and all use of User’s account, with or without User’s knowledge or consent, or from all claims, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) related to any action taken by Wilson Creek Communications as part of Wilson Creek Communications investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred, or to User’s use of or inability to use Wilson Creek Communications Services, Equipment, bundled software, Internet or VoIP, including, without limitation, 911 dialing.

Relationship – User’s relationship with Wilson Creek Communications is that of an independent contractor. User is not an agent of Wilson Creek Communications, and User has no authority to obligate Wilson Creek Communications by contract or otherwise.

Survival – The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

Third Party Beneficiary – No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

Transferability and Assignment – User shall not sell, transfer or assign this Agreement. User’s account and right to use Wilson Creek Communications Services and system are not transferable without Wilson Creek Communications’ prior written consent. User agrees to protect its password and account and to keep them secure from unauthorized Users and use, and to be solely responsible for the protection and security of User’s password and account information.

Notices – Notifications of either party to this Agreement shall be effective upon receipt, or refusal of delivery, when deposited in the United States Mail, first class mail, certified or return receipt requested, postage prepaid, or when sent by a telefax, email, or a nationally recognized overnight delivery service, to Wilson Creek Communications’ address of Customer set forth on Wilson Creek Communications’ records or such other address provided for such purposes.

Proprietary Rights – Wilson Creek Communications grants User a non-exclusive, non-transferable license to use the products and Services provided hereunder. Title and property rights, including all intellectual property rights to such products and Services, is and shall remain with Wilson Creek Communications, whether or not they are embedded in any product. User recognizes that the products and Services used hereunder constitute valuable trade secrets of Wilson Creek Communications and User shall use their best efforts to protect and keep confidential any and all products and Services used by User and shall not attempt to copy, examine, in any way alter, or reengineer, reverse engineer, tamper with, or otherwise misuse such products and Services.

Jurisdiction/Venues/Choice of Law – User agrees that exclusive jurisdiction for any claim or dispute with Wilson Creek Communications or relating in any way to User’s account or User’s use of the Services resides in the courts of California and that this Agreement shall be governed by California law. User expressly consents to the exercise of personal jurisdiction in the courts of California in connection with any such dispute. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement or compel performance thereof, the substantially prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.

Amendments – Wilson Creek Communications may modify this Agreement from time to time, and User’s continued use of the Service following notice of such modification shall be deemed to be User’s acceptance of such modification. If User does not agree to any modification of this Agreement, User must immediately stop using the Service and notify Wilson Creek Communications of User’s desire to cancel the Service.

Severability – In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealed judgment that any provision of this Agreement (or part thereof) is void, invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.

Entire Agreement – This Agreement, and any and all other documents and Wilson Creek Communications policies referenced herein, constitutes the entire agreement between Wilson Creek Communications and User pertaining to the subject matter hereof. Wilson Creek Communications’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

User represents and warrants to Wilson Creek Communications that User is of lawful age to enter into this Agreement and that (i) User has the full right, power and authority to enter into this Agreement and to perform the acts required of User hereunder; and (ii) the acceptance of this Agreement by User, and the performance by User of its obligations and duties hereunder, do not and will not violate any agreement to which User is a party or by which it is otherwise bound.

By using and accepting Service from Wilson Creek Communications, User acknowledges that they have read and understand the terms and conditions of this Agreement and agrees to be legally bound by all of the terms and conditions of this Agreement and any associated documents, the same as if User had physically signed this Agreement. This Agreement supersede all other written and oral communications or agreements with regard to the subject matter. Any waiver, modification or variation of any term or condition of this Agreement shall only be effective if in writing and/or in the form of a business contract signed by an authorized officer of Wilson Creek Communications

By providing Wilson Creek Communications with User’s telephone number, cell phone number(s), or email address, User gives consent for Wilson Creek Communications, or any of Wilson Creek Communications’ agents (including collection agents), to contact User at these numbers or email address, or any other phone number or email address that is later acquired for User, and, to leave live or pre-recorded messages, text messages, or emails to the extent that such are necessary to enforce any part of this Agreement. For greater efficiency, calls may be delivered by an auto-dialer.

BY USER’S USE AND ACCEPTANCE OF THE SERVICE, USER IS INDICATING THAT USER HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

WILSON CREEK COMMUNICATIONS RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE REVISED AND UPDATED AGREEMENT ON WILSON CREEK COMMUNICATIONS' WEBSITE. WILSON CREEK COMMUNICATIONS WILL NOTIFY USER OF ANY MATERIAL ADVERSE CHANGES ON WILSON CREEK COMMUNICATIONS' WEBSITE, NOTIFYING USER BY EMAIL OR US MAIL, AND/OR NOTIFYING USER DELIVERS MONTHLY BILLING STATEMENT. USER'S CONTINUED SUBSCRIPTION TO AND/OR USE OF SERVICES AFTER A CHANGE HAS BEEN POSTED, OR 30 DAYS AFTER NOTICE OF SUCH CHANGE (WHICHEVER IS EARLIER), CONSTITUTES USER'S ACCEPTANCE OF AND CONSENT TO BE BOUND BY THE MODIFIED AGREEMENT.

Wilson Creek Communications is working to provide the best service possible and welcomes User's ideas on how Wilson Creek Communications can improve the quality of our service. User can communicate User's ideas to Wilson Creek Communications by calling 805-365-4522. For formal legal inquiries, regulatory notices, CPNI matters, or privacy correspondence, please email privacy@wilson-creek.net or submit a message through our Contact Legal Support portal.