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TERMS OF SERVICE and ACCEPTABLE USE POLICY

Last Revision: February 15, 2018

Date: October 1, 2017

Wireless Subscriber Terms of Service Agreement for Hillcom, Inc.

This is an agreement made between Hillcom, Inc, a Virginia corporation located at 358 Will and Emma Lane, Clintwood, VA 24228, and Customer. By ordering Internet service from Hillcom or by using equipment or services provided by Hillcom, Customer accepts the terms and conditions contained in this Agreement and agree to comply with its requirements. This agreement is effective when equipment is installed remains in effect until terminated by either party. Hillcom may change this document at any time without notice. You are responsible for reviewing it from time to time to get the most current version which becomes effective at the time it is posted on our website at www.hillcom.tech..

Definitions: "Customer", "Subscriber", "You", "Yours", or "Yourself” means a person, corporation, or legal entity that contracts for or uses Hillcom’ s Wireless Network Internet service. “Hillcom, Inc”, “Hillcom”. "Company", "Us", "We", or "Ours" means Hillcom, Inc, 358 Will and Emma Lane, Clintwood, VA 24228. "Service" is defined as the use by the Subscriber of network connectivity and information services provided by Company and any access to services provided by others via the Global Internet or private interactions. "User" is you or anyone you allow to gain access to the Service from your premises, whether or not they have your consent.

Provision of Services: Hillcom will provide services on its computing and network systems and also provide the installation of necessary equipment (which includes but is not limited to radio, cables, connectors, antennas & standard mounting equipment) to you in exchange for payment of fees, and compliance with the terms and conditions of this agreement and other Company policies. Your right to use the Service is not transferable. If you move, you may be required to pay a reconnection fee, depending on difficulty to reconnect and additional equipment required.

Installation: The Service requires the installation of equipment at your premises and may require permanent modification of the premises to install cables, outlet boxes, antenna mounts, or other items. You agree to allow Hillcom employees or contractors to install required equipment in the manner necessary to successfully deliver the service. You release Hillcom and its employees from any damages at the time of installation or future damages to property due to installing equipment needed to provide your internet service. It is your responsibility to obtain any required permits or to gain landlord approval for the placement of the antenna and installation of equipment at your premises. Hillcom is not responsible for property contract violations or other results of this installation if you or your affiliates propose ownership or false landlord.

Payment Policies & Terms: Billing will be done approximately on the 25th of each month, for the following month’s service. Payment is due to us by the 6th day of the service month. Accounts not paid by the 6th day of the month are subject to a ten (10) percent late fee. Accounts remaining unpaid for thirty (30) days or more shall be deemed delinquent. Delinquent accounts shall be disconnected. Charges for accounts that are terminated, by either you or Hillcom, are not prorated and are due for the entire month. To reactivate a delinquent account, a twenty-five-dollar ($25.00) reconnection fee will be assessed on any disconnected account. Reactivation of a connection that has been placed on accounting hold requires full settlement of the unpaid balance and payment of the twenty-five-dollar ($25.00) reconnection charge. All payments made to Hillcom are non-refundable.

Account Termination: You may terminate this Agreement by submitting a written request for termination to Hillcom via the email address, or postal address listed on our Web site. This Agreement and your use of the Service may be terminated by us at any time with or without notice to you for any reason, including, without limitation, nonpayment of fees, or if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the Acceptable Use Policy.

Equipment & Scope of Work: Dish, router, cable and mounting equipment deployed at your premises, will at all times remain the property of Hillcom, unless you paid the $350 connect fee that included all equipment. The horn that fits inside the dish remains Hillcom property. Customer shall not attempt modifications, adjustments, configuration changes, or otherwise tamper with the equipment. Upon termination of this Agreement, you authorize us to retrieve Hillcom owned equipment (horn) from your premises. We may elect to remove, or direct that you return, the equipment if we deem it to be valuable or reusable, and all other items such as in-wall junction boxes, cable, and brackets will be left in place. We are not obligated to return your premises to any specific condition. You have a one-year warranty on all equipment. After the warranty expires, you will be charged for any equipment that needs to be replaced.

Functionality and Standard Maintenance: The technical support that we provide is limited to the connectivity itself. Support for other applications such as Netflix, Hulu or any other application, nor any devices in customer’s home such as computers, TVs, tablets, phones or any other device, and the use of these apps or devices is not provided or implied. The Service will be considered to be fully operational and acceptable to you if Hillcom owned diagnostic equipment connected can transfer data to and from our Internal servers at the data rates specified for your service. Any trouble on your side is your responsibility. Standard maintenance is limited solely to Hillcom’ s network and backbone connectivity. If your connection ceases to function properly after it has been tested and shown to be working, but our network is still functioning properly, a technician will be sent to diagnose the problem. If the problem is due to your negligence, or any of those items listed in the “Not Covered by Standard Maintenance” section, you will be billed for all labor, materials, and equipment required to restore the Service to full functionality.

Not Covered by Standard Maintenance Plan: Maintenance, repair or replacement of parts damaged or lost through act of God, catastrophe, accident, terrorism, war, lightning, neglect, misuse, theft, fault or negligence by you, or causes external to the wireless system, such as, but not limited to failure of, or faulty, electrical power or air conditioning, operator error, or malfunction of your computer and/or peripheral equipment, or from any cause related to or other than the intended and ordinary use is not covered. Be sure to use a good surge protector. Antenna re-aiming due to obstructions such as trees or buildings, or storm related damage is not covered, and we are not responsible for obstructions that may grow or be erected at your premises or elsewhere which may cause the radio signal to be blocked and the Service to degrade or become non-operational. Any re-aiming of antennas, or reconstruction of tower/mast assemblies will be billed to you at our standard hourly rates and may be subject to equipment costs. Hillcom is not liable for any damage to property as a result of above occurrences.

Service Outages: Routine maintenance and periodic system repairs, upgrades, and reconfigurations, public emergency or necessity, terrorism, upstream provider problems, restrictions imposed by law, acts of God, force majeure, labor disputes and other situations, including mechanical or electrical breakdowns may result in temporary impairment or interruption of service. Hillcom does not guarantee continuous or uninterrupted service and reserves the right to occasionally reduce or suspend service without notice.

Use of Services: You acknowledge and agree that certain content may be accessible through the Service which may contain material that is unsuitable for minors (persons under 18 years of age) and Hillcom is not responsible for content delivered by the service with regard to copyright, obscenity, safety, integrity or reliability. You agree to supervise usage of the Service by any minors whom you may permit to use the Service. Other members of the family or business must make any requests through the account owner. You agree to use this service only for lawful purposes. The transmission or reception of any material in violation of any local, state, federal, or international law or regulation is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, material protected by trade secret, or material that infringes upon the rights of others. You agree not to use any connectivity or computing resources provided by us to interfere with or disrupt network users, services, or equipment, on our network or on any other network reachable via the Internet. Hillcom does not promise or guarantee the security of your computer systems. You agree to accept all responsibility for protecting your computer systems from all harmful activity that may occur due to its connection to the Internet. You may not resell connection or bandwidth without specific written agreement from us. You may not provide connection or bandwidth to any network device not physically located within the premises. You are ultimately responsible for any and all activity that originates from your Internet connection regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests, employees, contractors, or visitors. This also applies to security breaches of your own system by others who launch attacks from your computers. Should you violate any provision of this section, Hillcom, at its sole, discretion may immediately suspend services to you and/or terminate this agreement. Hillcom shall not be liable for any incidental or consequential damages as a result of the termination of the Agreement under this provision. Use of the Service is also governed by Hillcom’ s Acceptable Use Policy and Privacy Policy. Copies of both policies are available at www.Hillcom.tech.

Bandwidth Utilization and Connection Speed: Overall network performance is determined partially by the amount of bandwidth Subscribers use. Hillcom can normally balance available bandwidth and Subscriber utilization to provide excellent service to all Subscribers. Subscribers will not be charged for bandwidth consumed and Hillcom charges for its service continuously regardless of whether or not you are using it.

LIMITATION AND DISCLAIMER OF LIABILITY AND WARRANTIES: HILLCOM DOES NOT WARRANT THAT ITS SERVICES WILL MEET ANY SPECIFIC SUBSCRIBER REQUIREMENT, OR THAT IT WILL BE ERROR-FREE OR UNINTERRUPTED. HILLCOM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST DATA, INFORMATION, OR PROFITS) SUSTAINED OR INCURRED IN CONNECTION WITH THE INSTALLATION, USE, OPERATION, OR INABILITY TO USE THE SERVICE. HILLCOM ASSUMES NO RESPONSIBILITY FOR THE CONTENT CONTAINED ON THE INTERNET OR OTHERWISE AVAILABLE THROUGH THE WIRELESS NETWORK OR FROM ANY SOURCE ACCESSIBLE VIA HILLCOM'S SERVICES. HILLCOM DISCLOSES AND YOU ACKNOWLEDGE THAT THERE MAY BE CONTENT ON THE INTERNET OR OTHERWISE AVAILABLE THROUGH THE SERVICES 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 CONTENT, OR OTHERWISE INAPPROPRIATE OR SEXUALLY EXPLICIT OR OFFENSIVE CONTENT. YOU ACKNOWLEDGE TO HILLCOM THAT YOUR USE OF HILLCOM’S SERVICES TO ACCESS INFORMATION, CONTENT OR OTHER SERVICES IS AT YOUR OWN RISK. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED.

Indemnification: You shall indemnify and hold harmless Hillcom and any of its underlying service providers, information providers, licensors, employees, contractors, officers, directors, or shareholders from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorney’s fees, arising from or relating to your use of the Service, or any act, error, or omission by you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law. Limitation Of Liability: In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any remedies under this Agreement fail of their essential purpose, you expressly agree that under no circumstances shall our total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, in the aggregate, exceed the amount of charges paid by you for use of the Service under this Agreement during the twelve-month period preceding the date such claim first arose.

SUBSCRIPTION RATES: We reserve the right to change subscription rates at any time.

Entire Agreement: This Agreement constitutes 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.

Permitting and Landlord Approval: It is the Subscriber’s responsibility to obtain any required permits or to secure landlord approval for the placement of the reception antenna on subscriber’s building.


ACCEPTABLE USE POLICY

This is the Acceptable Use Policy for Hillcom, Inc’s wireless network. It explains some of the things you cannot do when using the Internet connection provided to you by Hillcom. The Acceptable Use Policy is part of the Hillcom Terms of Service, and it is a binding legal document. When you order service from Hillcom and connect to the Internet through the service, you accept this policy and agree to abide by the following rules.

Hillcom may change this document at any time without notice. You are responsible for reviewing it from time to time to get the most current version which becomes effective at the time it is posted on our website at www.hillcom.tech.

Why is this document needed?

To comply with civil and criminal laws, and help ensure the smooth operation of Hillcom’s network and the Internet, certain types of behavior must be avoided. Some of these behaviors negatively affect network stability and security, some violate generally accepted “Internet Principals” and others are illegal.

What happens if you violate the ACCEPTABLE USE POLICY?

There is no promise or obligation for Hillcom to monitor or police any network activity, and we are not responsible for discovering violations of the Acceptable Use Policy. However, if and when we discover (or are notified by others) that you have possibly violated the Acceptable Use Policy, it will be investigated.

If we find that you have violated the Acceptable Use Policy, we may take action ranging from a warning email to permanent termination of your service. If we issue a warning, and you continue to violate the Acceptable Use Policy, we will terminate your service. During investigation your service may be suspended. No refunds will be issued in the event of termination or suspension of service related to Acceptable Use Policy violations.

All decisions and actions regarding Acceptable Use Policy violations are Hillcom’s alone.

Usage Limits

Although we do not have bandwidth limits on what you may use, we do expect the usage of you, the customer to be in good faith of the Acceptable Use Policy and Terms of Service.

Unacceptable Conduct

You may not use your Hillcom Internet connection to do any of the following: • Violate applicable Federal, state, or local laws. • Upload, post, email or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. • Harm minors in any way. • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or data. • Download, upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation. • Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. • Attempt to gain unauthorized access to any of Hillcom’s servers or network equipment, data, accounts, or systems, or attempt to find security holes in a Hillcom system, whether these attempts are electronic or otherwise. • Establish servers of any type including without limitation, Web, email, games, and FTP without written permission from Hillcom.

SPAM Policy

Hillcom has a zero-tolerance policy on the sending of Unsolicited Commercial Email (UCE), better known as spam. We consider spam to be one of the most serious problems on the Internet today, and we choose not to do business with anyone engaged in this disreputable practice. If you send spam through your Hillcom service, or operate software that automatically generates spam, we will terminate your account. If you facilitate the propagation of spam through Hillcom' network (by putting up an SMTP server with an open relay, for example), or otherwise engage in the propagation of spam using your Hillcom service, we will terminate your account.

Questions

If you have questions about any aspect of this document, contact Hillcom, Inc.

By using our service you agree to abide by our Acceptable Use Policy and the Terms of Service.

Contact Us:

Phone: 1-833-HILLCOM
Fax: 276-835-1802
Address: 358 Will and Emma Ln
Clintwood, VA 24228
E-mail: hillcom.inc@outlook.com

Thanks for giving us the opportunity to serve you. We greatly value your business!