Our Service Agreement Terms & Conditions

Through the Service Agreement accompanied by these terms and conditions, Port Networks, Inc. (“us” or “our”) agrees to provide Internet access and related services (“Services”) to the entity named in the Service Agreement (“you” or “your”), in exchange for the recurring and non-recurring payments listed for those Services. By using the Services, you agree to be bound by the Service Agreement and these terms and conditions, and to use the Services in compliance with these terms and conditions, our Appropriate Use Policy, and other Port Networks policies we may provide to you, either now or during the term of this Agreement. If you do not agree, you may not use the Services now or in the future.

1. Services

a. We will provide the Services named in the Service Agreement. If we provide additional services or services different from those listed, your payments for the Services may change. b. We will bill you for the Services at the start of the period in which we provide them, through an invoice, a withdrawal from your bank account, or a charge to your credit or debit card account, depending on the payment arrangement you have established. c. We will also bill you for any taxes, regulatory fees, or other surcharges applied to the Services by local, state, or federal authorities. d. We reserve the right to suspend or cancel delinquent accounts at our sole discretion; however, charges will continue to accrue until the account is fully paid. We may bill an additional charge to reinstate a suspended account. e. We may change the configuration of our systems or networks at any time, and we reserve the right to direct you to certain channels, wireless networks, access points, or connection methods as part of those changes. f. We reserve the right to make the Services unavailable for short periods in order to conduct maintenance or install upgrades. We will make every effort to schedule these periods during early morning hours to minimize disruptions to our customers. g. While we have no obligation to monitor the Services, we may do so and disclose information regarding use of the Services for any reason if we, in our sole discretion, believe that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect ourselves and our other users. Please see our Privacy Policy for more information.

2. Your Responsibilities

a. You must be at least 18 years of age to enter into this Agreement and use the Services, and if entering into this Agreement on behalf of an entity other than yourself, you must be an authorized representative of the entity named in this Agreement b. You must determine whether our Services are available in your area, and whether they are appropriate for your intended use. c. You must provide access to your property so that we may install equipment, if it is required in order to provide you with Services. d. You must provide consent for us to communicate with you (through telephone calls, electronic mail messages, SMS text messages, written notices, or other media) for the purpose of activating, maintaining, and de-activating the Services. e. You must ensure that any equipment belonging to us that is installed on your property is protected against misuse, theft, or damage. You are responsible for returning any property belonging to us that is in your possession should you cease to pay for the Services. f. You must provide us with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and you must immediately notify us about any changes to this information. g. If the Services require a password or security key, you must keep that information confidential so that no one else may access the Services using that information. You must notify Port Networks immediately upon discovering any unauthorized use of your account. h. You are responsible for any charges to your account. To dispute a charge, you must contact us within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than thirty (30) days old. i. You are responsible for obeying all applicable laws, rules, and regulations while using our Services.

3. Prohibited Practices

a. You may not use the Services for high-volume outbound email, attempts to control devices belonging to others, or other practices that expose our network to retaliatory action from other Internet Service Providers. b. You may not e-mail, post or transmit unlawful, unsolicited, threatening, abusive, hateful, libelous, defamatory, profane or illegal material, or otherwise objectionable information of any kind, including without limitation any material that violates any local, state, national or international law or regulation. c. You may not post or transmit any information or software which contains a virus, worm, Trojan horse or other harmful software component. d. You may not use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it.

4. Ownership

a. Your use of the Services does not constitute a sale of assets or a transfer of intellectual or real property, and the work we perform to provide you with our Services is not work for hire. b. All components, cabling, accessories, and other equipment installed by us will remain our property unless we sell you that equipment to you. We agree to pay all applicable property, use, sales, or other taxes due on our equipment. c. If you purchase equipment from us and choose to pay for that equipment through installment payments, we will retain ownership of that equipment until you complete all of those installment payments. At that time, ownership of the equipment will transfer to you. c. Usernames, passwords, and email addresses are our property and we may alter or replace them at any time. d. All of the processes, methods, techniques, and materials we use to provide you with the Services are our intellectual property, and you agree to keep them confidential should they come into your possession.

5. Term & Termination

a. The original term of this Agreement begins on the Start Date and ends on the End Date listed in the Service Agreement. Unless terminated according to the provisions of the following paragraphs, this Agreement shall automatically renew on the End Date and on each new End Date thereafter for an equivalent term. b. We may terminate this Agreement at any time if we determine that you have not paid for the Services you have received, or have used the Services in a way that has interfered with the use of our Services by others, or have violated the terms of this Agreement, or our other policies, or any applicable law. c. You may terminate this Agreement if we breach the terms of this Agreement, and you provide us notice of that breach, and we do not attempt to cure that breach within thirty (30) days of receiving that notice. d. Either party may terminate this Agreement at the expiration of the original term or any renewal term by providing written notice of termination to the other party at least ten (10) days before the intended date of termination.

6. Disclaimer of Warranties and Limitation of Liability

a. EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY PORT NETWORKS, WE DO NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIAL, SOME OF WHICH IS SEXUALLY EXPLICIT OR OFFENSIVE. WE HAVE NO CONTROL OVER AND ACCEPT NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICES OR THE INTERNET. b. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PORT NETWORKS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. WE MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH OUR SERVICES OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY US SHALL CREATE A WARRANTY. WE ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, OUR CUMULATIVE LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

7. Other

a. Governing Law. This Agreement will be governed in all respects by the laws of the state in which the Services are provided, without regard to any provisions thereof relating to conflicts of laws among different jurisdictions. b. Arbitration. Any dispute between us related to this Agreement will be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated. Any arbitration will be conducted in the county in which the Services are provided, unless both parties consent to a different location. The decision of the arbitrator will be final and binding upon both of us. The prevailing party will be awarded all of its filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney’s fees, and similar costs related to collecting an arbitrator’s award, will be added to, and become a part of, the amount due pursuant to this Agreement. An arbitrator’s decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder. c. We may assign this Agreement to any entity that purchases Port Networks in its entirety, or purchases substantially all of the assets of our company. d. Only you, the user of our Services, and we, Port Networks, are parties to this Agreement. No third party will be considered a beneficiary. e. Non-enforcement of any section of this Agreement does not constitute consent and we reserve the right to enforce this Agreement in our sole discretion. f. If one or more paragraphs in this Agreement are found to be unenforceable or invalid, our agreement on all other paragraphs shall remain valid. g. The Service Agreement, these terms and conditions, any Service Level Agreement accompanying the Service Agreement, our Appropriate Use Policy, our Privacy Policy, and our other user policies posted on our website constitute the entire agreement between us with respect to your use of the Services. No part of our agreement may be amended, waived, discharged or terminated other than through another written agreement. h. We reserve the right to revise, amend, or modify any of our policies, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on our web site (http://www.PortNetworks.com) or on our sign-in pages or by email or in our various publications and mailings to users.