Vistabeam Service Agreement

Vistabeam™ Service Agreement
Last Updated: June 28, 2006

This Agreement is between Inventive Wireless of Nebraska, LLC, d/b/a Vistabeam™ at 1615 First Avenue, Scottsbluff, NE (Vistabeam) and the Customer (the person whose name appears on the account. The person whose signature appears on the front of this Agreement represents that he/she is the Customer or is authorized to accept this Agreement and its terms on behalf of the Customer.)

At the sole discretion of Vistabeam™, Internet access, wire line, wireless, data, or voice Service (Service) to the Customer may be commenced either prior to, or subsequent to, obtaining and verifying relevant personal credit and/or financial information of Customer. Vistabeam™ reserves the right to demand a deposit and/or terminate Service to Customer if no deposit is received by Vistabeam™. If, in the sole discretion of Vistabeam™, Customer's credit and/or financial information proves unsatisfactory at any time while Vistabeam™ is providing Service to the Customer, Service will be terminated. Customer certifies and warrants that the information provided in this Application is complete and correct.

In the event this Application is accepted by Vistabeam™, Customer agrees to the following terms:

Upon acceptance by Vistabeam™ of this Application, this Application shall be deemed an Agreement for Internet Access Services. Customer certifies and warrants, to the extent that he/she is acting as an agent or representative of a third party, he/she has express authority to submit this Application, and if this Application is accepted by Vistabeam™, Customer certifies and warrants that he/she has express authority to bind the Customer to this Agreement.
Customer shall acquire no proprietary interest in the address(es) or number(s) assigned by Vistabeam™ for Customer's use. Customer agrees to operate the Internet Access equipment only for lawful purposes, and in conformity with the rules and regulations of the Federal Communications Commission. Customer agrees to indemnify and hold Vistabeam™ harmless for and against any and all claims for libel, slander, or the infringement of any copyrights or patents arising directly or indirectly from transmissions over the Service, and against all other claims arising out of any act or omission of Customer in connection with the use of Services provided by Vistabeam™.
Customer understands that the liability of Vistabeam™ and/or any supplier to Vistabeam™ for damages arising from any cause whatsoever, including but not limited to mistakes, omissions, interruptions, delays, errors or defects in transmission, or failures or defects in Service or Service components furnished by Vistabeam™, regardless of the form of action asserted, shall be limited to an amount equivalent to charges otherwise owed by Customer pursuant to this contract for Services during the period such damages were incurred. In no event shall Vistabeam™ and/or any supplier of Vistabeam™ be liable for special or consequential damages.
Customer acknowledges that Internet Access transmission is subject to geographic, atmospheric and other variable conditions beyond the control of Vistabeam™ and that also its communications Service may be interconnected with the publicly switched telephones or with another carrier's network. Customer also acknowledges that Internet Access Services require certain physical arrangements of Vistabeam™ 's facilities and are subject to the availability of such facilities. Vistabeam™ reserves the right to limit the length of communication when necessary.
Customer understands that no liability shall attach to Vistabeam™ for any act or omission of another carrier furnishing a portion or the Services, facilities or equipment to Customer.
Customer agrees that Vistabeam™ shall not be liable to Customer or any authorized user if changes in Vistabeam™ 's facilities, operations, or Services render obsolete any equipment provided by the Customer, or authorized user, require modification or alteration of such equipment, or otherwise affect the performance of such equipment.
Customer may not resell the Service in whole or in part to any third party, unless the customer has entered into a reseller agreement with Vistabeam™. Vistabeam™ customers further agree that they will not, directly or indirectly, use Vistabeam™ Service in whole or in any part to provide any form of service generally associated with an Internet service provider, or otherwise be in competition with Vistabeam™.
Usage caps limit a customer's consumption of bandwidth (amount of data used). All Vistabeam™ Wireless residential customers are subject to this usage cap for any wireless residential priced service plans. When a user exceeds their usage cap (3 Gigabytes per month), the customer is automatically granted an additional gigabyte of bandwidth and charged an additional $25.
Installation and fees are due upon installation completion. All invoices are due and payable in full upon receipt. In the event Customer's account becomes past due, Customer agrees to pay all costs reasonably incurred by Vistabeam™, it's agents and affiliates in collecting monies due on Customer's account.
Customer agrees to reimburse Vistabeam™ for any loss arising out of the theft, or damage to, equipment in Customer's possession provided by Vistabeam™.
Customer agrees to reimburse Vistabeam™ for any leased equipment of Vistabeam™'s not returned to Vistabeam™ within 15 days after termination of the Customer's Service at the following rates. Vistabeam™ will bill the Customer 15 days after termination as listed below for equipment not returned:
Residential wireless access equipment: $300.00
Business wireless Internet access equipment: $500.00