SIERRA MOUNTAIN INTERNET BUSINESS & RESIDENTIAL INTERNET SERVICE CUSTOMER AGREEMENT - TERMS AND CONDITIONS

Thank you for choosing SIERRA MOUNTAIN INTERNET for your Internet needs. This document is important–please read it carefully. THIS SIERRA MOUNTAIN INTERNET BUSINESS AND RESIDENTIAL INTERNET SERVICE TERMS AND CONDITIONS AND ALL DOCUMENTS REFERRED TO HEREIN (collectively the “Agreement”), IS A LEGAL CONTRACT BETWEEN THE CUSTOMER (“USER”) AND SIERRA MOUNTAIN INTERNET (“SIERRA MOUNTAIN INTERNET”) AND SETS FORTH THE TERMS AND CONDITIONS BY WHICH SIERRA MOUNTAIN INTERNET WILL MAKE AVAILABLE THE SERVICES USER HAS ELECTED TO RECEIVE (“the Service(s)”). SIERRA MOUNTAIN INTERNET RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE REVISED AND UPDATED AGREEMENT ON SIERRA MOUNTAIN INTERNET’s WEBSITE. SIERRA MOUNTAIN INTERNET MAY NOTIFY USER OF ANY CHANGE BY: POSTING NOTICE OF CHANGES ON SIERRA MOUNTAIN INTERNET’s WEBSITE; NOTIFYING USER BY EMAIL OR U.S. MAIL; AND/OR NOTIFYING USER ON USERS MONTHLY BILLING STATEMENT. USER SHOULD REGULARLY REVIEW INFORMATION POSTED ONLINE IN THE (https://www.SierraMountainInternet.com/terms-of-service) AREA OF SIERRA MOUNTAIN INTERNET’S WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. USER’S CONTINUED USE OF SERVICES AFTER CHANGES ARE POSTED CONSTITUTES USER’S ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES. For the SIERRA MOUNTAIN INTERNET customer USER whose service was activated prior to 05/01/2023, this agreement commences and takes effect on 05/01/2023. If USER has elected to receive  internet service after 05/01/2023, this agreement commences on the date USER elects to receive services provided by SIERRA MOUNTAIN INTERNET,  whether via email, phone, text, in writing or in person. The agreement is posted on the SIERRA MOUNTAIN INTERNET website (https://www.SierraMountainInternet.com/terms-of-service). USE of SIERRA MOUNTAIN INTERNET services constitutes an acceptance of terms of service by USER. USER’s acceptance and use of  service is indicating that USER has read, understood, and agrees to be bound by the terms of this agreement. This Agreement governs both the Services and any equipment provided by SIERRA MOUNTAIN INTERNET and used in conjunction with the Service, such as Consumer Premises Equipment (otherwise known as "CPE"), including but not limited to; Fiberline backhaul,  Antennas, Mounting Devices, Cabling, Routers, Switches, IP Phone; Television Equipment, Access Points, Power Injectors, Multimedia Terminal Adapter; Analog Telephone Adapter; Video Cameras, Recording Hardware, Storage Devices, or any other IP connection device or computer equipment  (collectively, a “Device” or the “Equipment” or Consumer Premises Equipment "CPE"). A Relay Broadcast System is any equipment that allows internet access to other USERS in the area.

1. SERVICES

Internet Access – Subject to the Service characteristics contained herein, SIERRA MOUNTAIN INTERNET shall provide Internet connections between the SIERRA MOUNTAIN INTERNET provided wired & wireless Equipment and SIERRA MOUNTAIN INTERNET’s Internet backbone. Internet connections are provided as “up-to” the speeds that may or may not be advertised within the Service plan purchased by USER reflecting performance under ideal conditions. SIERRA MOUNTAIN INTERNET reserves the right to interrupt those speeds, if necessary, for whatever reason due to Equipment upgrades and network maintenance or performance and will do its best to inform USER of any such interruptions ahead of time. SIERRA MOUNTAIN INTERNET shall have the unrestricted right to engage subcontractors in rendering Services under this Agreement. Term – The term of this agreement shall be for a period of three (3) years. Automatic Renewal Term - Two months prior to the Agreement termination date, this Agreement shall be deemed automatically renewed each year for an additional thirty-six (36) month period. Rate – SIERRA MOUNTAIN INTERNET reserves the right to change or alter pricing plans, rates and data rates, at any time, at its sole and absolute discretion. Electronic Mail – SIERRA MOUNTAIN INTERNET may provide and maintain a number of e-mail accounts for USER as specified in the chosen Service plan. Telephone & IPTV Service – If USER subscribes to telephone and/or IPTV Services, SIERRA MOUNTAIN INTERNET shall provide telephone & IPTV Service, and USER warrants to SIERRA MOUNTAIN INTERNET that USER will use the telephone & IPTV Service in accordance with the Telephone & IPTV Terms and Conditions of Service as they may be updated from time to time. USER agrees to follow all international, federal and state laws regarding the use of telephone & IPTV services and USER agrees to release SIERRA MOUNTAIN INTERNET from all legal and civil liability in conjunction with the USER misuse or misappropriation of services.

2. ACCEPTABLE USE

As a condition of use of the Service, USER warrants to SIERRA MOUNTAIN INTERNET that USER will use the Service in accordance with all international, federal and state laws regarding the use of internet services and USER agrees to release SIERRA MOUNTAIN INTERNET from all legal and civil liability in conjunction with the USER misuse or misappropriation of services. The transfer of technology across national boundaries, including electronic transmission thereof, is regulated by the U.S. Government. USER agrees not to export, import or re-export, (including, without limitation by way of electronic transmission) any technology transmitted through SIERRA MOUNTAIN INTERNET Services without first obtaining any required export license or governmental approval. USER agrees it will not directly or indirectly export or re-export such technology to any of those countries listed from time-to-time in supplements to Part 770 to Title 15 of the Code of Federal Regulations in Country Groups Q, S, W, Y or Z. The parties acknowledge that the foregoing lists are subject to regulatory change from time to time and that not all applicable International, Federal & State laws may be listed herein. SIERRA MOUNTAIN INTERNET will cooperate fully with legal authorities in the investigation of suspected crimes or service abuses. USER agrees to indemnify and hold harmless SIERRA MOUNTAIN INTERNET, its agents and representatives and providers, from any and all claims, costs, losses, damages, liabilities and expenses, including reasonable attorneys’ fees for any reason whatsoever, including without limitation, any harm, injury, loss or damage incurred by SIERRA MOUNTAIN INTERNET, or any other party, arising out of USER’s breach of lawful use provisions.

3. COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF DEVICE, FIRMWARE OR SOFTWARE

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 SIERRA MOUNTAIN INTERNET Websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of SIERRA MOUNTAIN INTERNET’s 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 SIERRA MOUNTAIN INTERNET. Nothing in this Agreement grants USER the right or license to use any SIERRA MOUNTAIN INTERNET 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 SIERRA MOUNTAIN INTERNET 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. SIERRA MOUNTAIN INTERNET reserves the right to prohibit the use of any interface equipment that SIERRA MOUNTAIN INTERNET has not provided to the USER. USER hereby represents and warrants that USER possesses all required rights, including software and/or firmware licenses, to use any interface equipment that SIERRA MOUNTAIN INTERNET has not provided to USER. In addition, USER shall indemnify and hold SIERRA MOUNTAIN INTERNET 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 SIERRA MOUNTAIN INTERNET. SIERRA MOUNTAIN INTERNET reserves the right to terminate USER’s Service if SIERRA MOUNTAIN INTERNET believes, in SIERRA MOUNTAIN INTERNET’s 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.

4. SECURITY

USER can best control the risks associated with security and are therefore solely responsible for maintaining and upholding the account security of their Service. USER must request in writing all access point password changes at Service@mysierra.org. SIERRA MOUNTAIN INTERNET 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 passwords, network and equipment through appropriate means (e.g. using commercially available hardware or software), from theft and unauthorized use or system corruption. It is the USER’s responsibility to request in writing to conceal the access point SSID display. To change an Access Point SSID password or display, the USER must send a request in writing to Service@mysierrra.org. 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. USER agrees to defend, indemnify and hold SIERRA MOUNTAIN INTERNET its officers, directors, agents and employees harmless from any claims, losses and damages, including attorney’s fees, resulting from Network Security breaches.

5. SERVICE CHARACTERISTICS

Service Availability – The Service is subject to availability as it is contingent on the available SIERRA MOUNTAIN INTERNET facilities and unique signal path conditions between such facilities and the USER premises. Due to the nature of the Service technology, SIERRA MOUNTAIN INTERNET reserves the right to deem the Service unavailable to the USER up to, including, and after the installation. SIERRA MOUNTAIN INTERNET 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 – SIERRA MOUNTAIN INTERNET offers a range of Service plans with different speeds and data usage. Published and unpublished plans do exist. USER must request in writing to Service@mysierra.org for a complete listing of current and active Service Plans. Service plans are subject to availability and may change at the sole discretion of SIERRA MOUNTAIN INTERNET. Service Plans include other promotional terms and conditions including a minimum service term commitment (“Service Term”). This agreement will be published at https://www.SierraMountainInternet.com/terms-of-service. If USER signs up for a Service plan that includes special or promotional offers, such offers may only be in effect for the initial Service Term of the plan. 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. SIERRA MOUNTAIN INTERNET Services are provided as “up-to” speeds and SIERRA MOUNTAIN INTERNET does not guarantee the maximum Service performance (throughput speeds) levels. SIERRA MOUNTAIN INTERNET 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. SIERRA MOUNTAIN INTERNET 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 SIERRA MOUNTAIN INTERNET’s control. Throughput Volume – Depending on the Service plan signed up for, an account will have a standard quota for disk space and data usage up to unlimited data, depending on the service plan selected. At SIERRA MOUNTAIN INTERNET’s discretion, additional quota may be added to such an account for a recurring fee, based on SIERRA MOUNTAIN INTERNET’s 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. Network Management – USER understands, acknowledges, and agrees that SIERRA MOUNTAIN INTERNET may use various tools and techniques in order to efficiently and reasonably manage its networks. SIERRA MOUNTAIN INTERNET 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 SIERRA MOUNTAIN INTERNET’s 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 SIERRA MOUNTAIN INTERNET and/or the American Registry for Internet Numbers (ARIN). SIERRA MOUNTAIN INTERNET will not be held liable for restrictive access to VPN’s. USER is solely responsible for all damages and losses that are incurred to the SIERRA MOUNTAIN INTERNET caused by USER for downloading or installing viruses, worms, pop-up advertising, spyware, adware, or any other harmful component.

6. EQUIPMENT

SIERRA MOUNTAIN INTERNET will provide USER the authorized wired and wireless Equipment for use with the SIERRA MOUNTAIN INTERNET Service. Only SIERRA MOUNTAIN INTERNET Consumer Premises Equipment (“CPE”) is permitted and authorized to be connected to the Service. SIERRA MOUNTAIN INTERNET will own the CPE installed at the USER location, and will monitor and upgrade said CPE, as SIERRA MOUNTAIN INTERNET determines to be necessary and appropriate. Because of the harsh environment in the mountainous or Northern California region, if for any reason whatsoever, the “CPE” is upgraded and/or fails after USER installation is completed, it is the sole responsibility of the USER to pay fair market value costs, including service technician & arborist fees, to replace or upgrade the CPE to working condition. From time to time, SIERRA MOUNTAIN INTERNET may choose, at its sole and complete discretion, to replace “CPE” at the expense of SIERRA MOUNTAIN INTERNET. Upon service termination, it is the sole responsibility of the USER to provide and pay for the cost of a service technician and arborist to remove the USER CPE from the USER’s location. USER may not tamper with, remove, turn off or shut down relay broadcast system equipment from USER premises that enable other USERS  internet access and functionality without the written consent of SIERRA MOUNTAIN INTERNET. USER may request service technicians and an arborist from SIERRA MOUNTAIN INTERNET to remove CPE. SIERRA MOUNTAIN INTERNET is not obligated to provide service technicians or arborists for the removal of CPE if they are not available to be scheduled. CPE is to be returned to PO BOX 973 Alta, CA. 95701. No limits or warranties are implied. USER Equipment – It is USER’s responsibility to ensure that USER’s computer system meets the current minimum system requirements stated by SIERRA MOUNTAIN INTERNET 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 SIERRA MOUNTAIN INTERNET’s stated minimum requirements to work on SIERRA MOUNTAIN INTERNET’s network. However, SIERRA MOUNTAIN INTERNET 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. • Windows System Desktop or Laptop Microsoft Windows 7 or newer; 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).

7. CANCELLATION / TERMINATION / CHANGE IN SERVICE

If USER chooses to cancel the USER Service at any point after the order is placed, but before the Service has been activated, SIERRA MOUNTAIN INTERNET reserves the right, at its sole discretion to invoice the USER a processing fee of $250 to cancel a scheduled arborist appointment. If USER wishes to cancel the USER Service before Service has been activated, the USER is required to notify SIERRA MOUNTAIN INTERNET of USER’s intent to cancel 72 hours prior to activation by calling SIERRA MOUNTAIN INTERNET customer service at (530) 389-5550 and Email: Service@mysierra.org. If USER terminates the Service at any time upon notice to SIERRA MOUNTAIN INTERNET, an early termination fee will be assessed. Request to terminate must be made in writing by sending an email to Service@mysierra.org and by also calling SIERRA MOUNTAIN INTERNET and speaking with a customer service representative at (530) 389-5550. Termination is effective on the date you contact SIERRA MOUNTAIN INTERNET to cancel the Service or as of a future date designated by USER or SIERRA MOUNTAIN INTERNET, provided SIERRA MOUNTAIN INTERNET can support such future date. HOWEVER, PAID CHARGES ARE NOT SUBJECT TO REFUND SO IF THE USER CANCELS SERVICE BEFORE THE END OF A BILLING CYCLE, THERE WILL BE NO PRO-RATED REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR PERIODS REMAINING AFTER THE TERMINATION DATE. ADDITIONALLY, USER AGREES TO A SERVICE PLAN THAT REQUIRES A MINIMUM TERM COMMITMENT (“SERVICE TERM”), AND SERVICE IS TERMINATED PRIOR TO THE END OF THE SERVICE TERM, USER WILL BE SUBJECT TO AN EARLY TERMINATION FEE as set forth in the Additional Fee Statement. If USER changes or upgrades the Service plan, any applicable prior Service Term will be terminated and USER will have a new Service Term as applicable to the new Service plan. A change or upgrade to a Service plan may be subject to an upgrade fee as set forth in the Additional Fee Statement (as defined herein). Upon a change or upgrade to a Service plan, any special or other promotions applied to USER’s account may be subject to discontinuance or removal if such promotion is no longer available. Termination of the Service does not affect USER’s obligations under this Agreement, including USER’s obligation to pay all fees for Services rendered prior to termination and any termination, processing and administration fees incurred as a result of such termination. SIERRA MOUNTAIN INTERNET accounts must be paid in full before a cancellation will be considered complete. If all USER quipment (CPE) provided by SIERRA MOUNTAIN INTERNET is not returned within 30 days of cancellation or termination of Service, USER agrees to pay SIERRA MOUNTAIN INTERNET the fees as set forth in the Un-Returned CPE Fee Statement (as defined herein). USER authorizes SIERRA MOUNTAIN INTERNET and its agents to charge the Equipment replacement charge to the credit card on file with SIERRA MOUNTAIN INTERNET. If SIERRA MOUNTAIN INTERNET is unable to obtain a charge authorization for the full amount due, USER agrees to provide alternative payment in the form of a credit card, 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 received by the USER until the time (if any) when it is returned to SIERRA MOUNTAIN INTERNET in accordance with this agreement. Upon the termination of USER’s Service, SIERRA MOUNTAIN INTERNET 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 SIERRA MOUNTAIN INTERNET 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. USER may not remove, tamper with or shut down  relay broadcast equipment that is used to transmit signalling to other USERS at any time.

8. TERMINATION AND SUSPENSION BY SIERRA MOUNTAIN INTERNET

Inappropriate use or abuse of the Services by USER, as determined in the sole discretion of SIERRA MOUNTAIN INTERNET, may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of SIERRA MOUNTAIN INTERNET Services by others can be traced, documented, and reported to appropriate authorities and may be prosecuted to the fullest extent of the law. SIERRA MOUNTAIN INTERNET 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 SIERRA MOUNTAIN INTERNET’s Broadband Internet Acceptable Use Policy. SIERRA MOUNTAIN INTERNET reserves the right to unilaterally terminate or suspend an account at any time, without providing a reason. Further, SIERRA MOUNTAIN INTERNET may terminate USER’s Service for any reason. If USER’s Service is terminated by SIERRA MOUNTAIN INTERNET for any reason, USER will remain fully liable and responsible to pay any fees that are still owed to SIERRA MOUNTAIN INTERNET pursuant to this Agreement and for all costs SIERRA MOUNTAIN INTERNET incurs to collect such amounts, including, without limitation, collection costs and attorney’s fees.

9. FEES, PAYMENT AND BILLING

Fees include, without limitation, set up or installation fees, monthly Service fees, monthly Equipment fees and other fees as set forth below. SIERRA MOUNTAIN INTERNET will invoice fees for Services and any Equipment in advance. USER agrees to pay all federal, state or local taxes arising under this Agreement. If, during the first thirty (30) days of service, the USER is having service or quality issues with the Telephone Service and/or Internet Service which SIERRA MOUNTAIN INTERNET is not able to fix, the USER may cancel the Service and SIERRA MOUNTAIN INTERNET will refund all monies paid (excluding installation cost). Additional Fees – All SIERRA MOUNTAIN INTERNET 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 and which is available at https://www.SierraMountainInternet.com/additional-fees-statement/ (the “Additional Fee Statement”). Credit Inquiries and Security Deposit – USER AUTHORIZES SIERRA MOUNTAIN INTERNET TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT USER’S CREDIT HISTORY AND TO ENTER THIS INFORMATION IN USER’S FILE. Any risk assessments conducted by SIERRA MOUNTAIN INTERNET, or its third-party credit bureau will be done in conformance with the requirements of all applicable state or federal laws. Based on this inquiry, SIERRA MOUNTAIN INTERNET may ask for a security deposit before providing USER the Service. If USER pays a deposit in connection with the Service and the state in which the Service is provided does not require interest to be paid on that deposit, SIERRA MOUNTAIN INTERNET will not pay you any such interest. If during our Service relationship SIERRA MOUNTAIN INTERNET questions USER’s willingness to pay your bills in a timely way, SIERRA MOUNTAIN INTERNET might require additional measures to ensure payment (like requiring prior payments or additional security). If USER refuses to follow these required measures, SIERRA MOUNTAIN INTERNET may terminate USER’s Service and assess any applicable termination charge. Payment Method and Timing – Accounts may be paid by electronic bank draft, money order, check or credit card. USER’s SIERRA MOUNTAIN INTERNET 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 – SIERRA MOUNTAIN INTERNET 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, SIERRA MOUNTAIN INTERNET may interrupt or disconnect USER’s Services for non-payment and USER shall be subject to a Reconnect Fee to resume Service. The late terms and associated charges are determined by the date payment is received by SIERRA MOUNTAIN INTERNET. 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 a time that SIERRA MOUNTAIN INTERNET determines that Equipment is to be retrieved from USER, SIERRA MOUNTAIN INTERNET will call USER to inform them that Equipment will need to be removed and returned. In all cases, if USER wants to resume or reconnect Services, USER’s account must be brought current and USER shall be subject to a reconnect fee. Billing Disputes and Errors – Subject to applicable law, USER may dispute any invoiced charge by contacting SIERRA MOUNTAIN INTERNET 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. SIERRA MOUNTAIN INTERNET’s 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. Fee & Rate Changes – USER acknowledges and agrees that SIERRA MOUNTAIN INTERNET has the right to change its Plan Rates, Service fees, additional fees, or add new fees at any time, upon notice to the USER. USER agrees to a Service plan with a Service Term of three (3) years. USER Charges – USER acknowledges that USER may incur USER-initiated charges while using the Services. For example, charges may be incurred because 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 SIERRA MOUNTAIN INTERNET.

10. INSTALLATION AND ACCESS TO USER’S PREMISES

SIERRA MOUNTAIN INTERNET will provide installation Services at the USER premises at an agreed-upon price. As part of the installation process, modifications to the inside and outside of USER’s premises may be required, and USER hereby consents and authorizes all such modifications. USER authorizes SIERRA MOUNTAIN INTERNET, and its employees, agents, contractors, and authorized representatives to enter USER’s property and premises as needed, in order to install, maintain, inspect, repair and remove the Equipment and/or Services. If USER is not the owner of the premises, USER is solely responsible to receive property owner’s consent and authorization to grant access to SIERRA MOUNTAIN INTERNET to install internet equipment on the owner’s premises and is responsible for all property modifications and damages. SIERRA MOUNTAIN INTERNET reserves a right of entry onto the USER location premises. USER grants SIERRA MOUNTAIN INTERNET permission for right of entry as necessary for installation of CPE or to perform routine maintenance or upgrades on equipment. SIERRA MOUNTAIN INTERNET will do it's best to maintain working hours at USER premises within the reasonable timeframe of 8AM - 6PM. There are times when emergency repairs may occurr and SIERRA MOUNTAIN INTERNET may require USER premise access at any time of day or night and USER agrees this is reasonable and acceptable. 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 SIERRA MOUNTAIN INTERNET installer. For such charges as SIERRA MOUNTAIN INTERNET may determine, SIERRA MOUNTAIN INTERNET may relocate the Equipment for USER within the premises at USER’s request. USER is solely responsible for all damages, liabilities,  repairs, or maintenance to USER's premises including business structures, homes, outbuildings, land, persons or USER personal property resulting from the inspection, installation or use of SIERRA MOUNTAIN INTERNET services. USER indemnifies and holds harmless SIERRA MOUNTAIN INTERNET against any and all claims. SIERRA MOUNTAIN INTERNET will not be held liable for personal accidents or damages to persons or USER property because of  alterations to the premises that result from the inspection, installation, use of, or removal of the CPE. This USER release of liability waiver includes (and is not limited to) fallen trees, water, snow or ice damage, damaged water lines or appliances, damanged electrical components, fire, mold, mildew, hazards, unsecured CPE, holes in walls, structural integrity, cable wiring or antenna’s and or mounting brackets or any and all components on USER premises. Any custom installation work that USER requests for placing cable under carpet, through cabinets, through interior or exterior walls or inside molding, may require additional charges.

11. MOVING AND RECONNECTION

If USER moves during the term of this agreement and would like to relocate the Service, USER must place a relocation request with SIERRA MOUNTAIN INTERNET. 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 transfer of USER’s account, USER agrees to continue to comply with all terms and conditions of this Agreement and the Service plan. Billing cycle and Service Term will remain active during the USER relocation to the new location. If SIERRA MOUNTAIN INTERNET is unable to provide Service to the USER’s new location, this Agreement shall terminate, and USER shall be subject to any Early Termination Fee. If SIERRA MOUNTAIN INTERNET has not received sufficient information from USER to process the relocation order thirty (30) days after Service termination date, this Agreement shall be considered terminated by USER, and any applicable Early Termination Fees will apply.

12. PRIVACY

SIERRA MOUNTAIN INTERNET takes USER’s personally identifiable information and privacy seriously and has established an internal Privacy Policy which governs its collection, use, disclosure, management, and security related to USER’s personal information. The SIERRA MOUNTAIN INTERNET internal Privacy Policy may be updated from time to time.

13. USER OBLIGATIONS

USER shall be solely responsible for independent backup of any data files residing on SIERRA MOUNTAIN INTERNET computers or networks and USER's private computer network. SIERRA MOUNTAIN INTERNET reserves the right to remove/delete any personal files before or after an account is terminated. USER shall notify SIERRA MOUNTAIN INTERNET immediately, in writing and by calling SIERRA MOUNTAIN INTERNET customer support line, if any CPE is stolen from USER premise or if USER becomes aware at any time that USER’s Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. Failure to do so in a timely manner may result in the termination of USER’s Service and additional charges. It is a criminal offense to access computers or servers without permission or to transmit or re-broadcast unauthorized internet signaling without the appropriate written consent from SIERRA MOUNTAIN INTERNET. All criminal offenses will be prosecuted to the fullest extent of the law. Until such time as SIERRA MOUNTAIN INTERNET receives notice of theft, fraudulent use or unauthorized use, USER will be liable for all use of the Service using a Device stolen from USER and all stolen, fraudulent or unauthorized use of the Service. USER understands and acknowledges that SIERRA MOUNTAIN INTERNET is developed as a community-based mesh network and agrees that certain access points provided by SIERRA MOUNTAIN INTERNET may be preconfigured to send or receive and distribute a separate wired or wireless signal that is independent from USERS SSID network. During the term of this agreement USER is solely responsible for providing a safe and secure location for SIERRA MOUNTAIN INTERNET's equipment that is located on USER premises at no cost to SIERRA MOUNTAIN NTERNET.  USER understands and acknowledges that SIERRA MOUNTAIN INTERNET is a community mesh network and that the network can only exist with the long term extended cooperation of all USERS. USER understands and agrees, when USER elects to receive internet service from SIERRA MOUNTAIN INTERNET, that USER grants the right for SIERRA MOUNTAIN INTERNET to broadcast internet signal to other USERS from USER premises. Furthermore, because of the mountainous and topographical orientation of the Northern California region the SIERRA MOUNTAIN INTERNET network can only be developed with the full cooperation of all USERS. Unlike the majority of other technical internet providers, the numerous trees and mountain ridges in this region pose a significant engineering feat and challenge to SIERRA MOUNTAIN INTERNET while developing the network in our commuinities. Therefore, USER understands and agrees that in order for SIERRA MOUNTAIN INTERNET to build and engineer the community mesh network, and to be capable to broadcast internet signaling to all USERS,  that the USER and USER premises are vital and critical to the development and ongoing service capabilities of SIERRA MOUNTAIN INTERNET. USER understands and accepts this vital and critical portion of development as a necessary requirement to receive service. USER agrees to stipulate these rights of development and premise access as a mandatory feature of service and USER agrees to these requirements as mandated by SIERRA MOUNTAIN INTERNET to receive service. USER is solely responsible for the cost of, and for providing electrical power to, all CPE equipment that is located on USER premises. As a critical part of this service agreement, USER understands and agrees that USER premises may often be utilized, at the sole and absolute discretion of SIERRA MOUNTAIN INTERNET, to broadcast relay and internet signal to nearby neighbors and/or businesses from USER premises.  Terms of this agreement state that USER grants a right of access and right of entry and access to USER premise to SIERRA MOUNTAIN INTERNET for inspection, installation and ongoing repairs or system upgrades.  USER may not deny SIERRA MOUNTAIN INTERNET rights of access or the ability to develop a Relay Broadcast System on USER premises. Such denial may result in significant losses that may be difficult for SIERRA MOUNTAIN INTERNET to calculate. USER understands and acknowledges that SIERRA MOUNTAIN INTERNET has invested significant time and resources to develop such Relay Broadcast Systems on USER premises and that USER has become a long term cooperating and significant factor in the success of the SIERRA MOUNTAIN INTERNET community mesh network. USER understands and accepts as reasonable, for the protection of SIERRA MOUNTAIN INTERNET's business interests and for the safety and security of other USERS on the community mesh network, that USER may not at any time, whether during USER service agreement or anytime thereafter (post service agreement contract termination in perpetuity), remove, shut down or terminate a Relay Broadcast System CPE from fully functioning on USER premises (or terminate electrical power which is relaying broadcast signal to other SIERRA MOUNTAIN INTERNET USERS on the network, without the sole express written permission, consent and agreement of SIERRA MOUNTAIN INTERNET. USER is solely responsible for all losses and damages incurred to SIERRA MOUNTAIN INTERNET as a result of USER failure to provide electrical power to all SIERRA MOUNTAIN INTERNET equipment. SIERRA MOUNTAIN INTERNET acknowledges from time to time that there may be electrical power failures due to local power outages that are not in the control of the USER. USER acknwledges that a Relay Broadcast System provides security and safety to other USERS nearby and that tampering with or shutting down a Relay Broadcast System poses an imminent risk and threat of safety and security to USERS connected to such relay. USER is responsible for loss, liability and damages to other USERS, and SIERRA MOUNTAIN INTERNET, if USER intentionally or unintentionally terminates the capabilities of a functioning Relay Broadcast System. SIERRA MOUNTAIN INTERNET and USER both understand and agree that USERS may terminate service, at any time for USERS personal use, but USER may not terminate electrical power or tamper with a Relay Broadcast System on USER premises once it has been installed. USER agrees to keep all Relay Broadcast System equipment up and always running and functioning in perpetuity, until SIERRA MOUNTAIN INTERNET deems necessary to shut down or remove such equipment. This policy applies to all paying and non paying USERS. Internet plan rates may vary per customer depending on USER location and other factors, such as difficulty of service relay,  and that SIERRA MOUNTAIN INTERNET has the right to change pricing plans and pricing rates at it's sole discretion, at any time. Discounts of plan rates, up to no charge service,  as credit to USER may be given at the sole discretion of SIERRA MOUNTAIN INTERNET to a USER based on power consumption and access to SIERRA MOUNTAIN INTERNET for the Relay Broadcast System. No other compensation or financial remuneration is granted, expressed or implied.

14. PROPRIETARY RESTRICTIONS

USER agrees that the restrictions and covenants set forth in this Agreement are reasonable and necessary for the protection of the business and interests of SIERRA MOUNTAIN INTERNET and USER and will not deprive USER of any rights whatsoever, either now, during the term of this Agreement, or thereafter. In the event of an actual, contemplated or threatened breach of this Agreement by USER, whether during the term of this Agreement, or thereafter, USER acknowledges that SIERRA MOUNTAIN INTERNET will suffer damages for which monetary compensation will not suffice and accordingly, SIERRA MOUNTAIN INTERNET shall be entitled to an induction, without bond, restraining USER from continuous or anticipated commission of such breach together with all other remedies of SIERRA MOUNTAIN NTERNET at law and in equity. Once a Relay Broadcast System is developed on USER premises USER is solely responsible for all losses and damages incurred to SIERRA MOUNTAIN INTERNET as a result of USER’s failure to allow the Relay Broadcast System to function properly on USER premises to other USERS on the SIERRA MOUNTAIN INTERNET network. USER will be respnsible for any and all liability that may result out of the content transmitted by USER or to any person, whether authorized or unauthorized, using USER’s Service or Device. USER shall assure that all use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. SIERRA MOUNTAIN INTERNET reserves the right to terminate or suspend USER’s Services and remove any content from the Service, if SIERRA MOUNTAIN INTERNET determines, in its sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with SIERRA MOUNTAIN INTERNET’s ability to provide Services to USER or others. SIERRA MOUNTAIN INTERNET action or inaction under this Section will not constitute any review or approval of USER’s use or content. USER has been advised and acknowledges that the Internet may contain information, materials, and language that may be deemed adult in nature and inappropriate or offensive. The USER is responsible for all information received, transmitted, and/or stored by the USER and the USER releases SIERRA MOUNTAIN INTERNET from and agrees to indemnify SIERRA MOUNTAIN INTERNET its officers, directors, agents and employees against any and all claims, losses or expenses relating to such information, materials and language. 

15. USER COMPLAINT RESOLUTION

SIERRA MOUNTAIN INTERNET is working to provide the best service possible and welcomes USER’s ideas on how SIERRA MOUNTAIN INTERNET can improve the quality of our service. USER can communicate USER’s views to SIERRA MOUNTAIN INTERNET by calling (530) 389-5550 or emailing Service@mysierra.org.

16. WARRANTY

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 SIERRA MOUNTAIN INTERNET 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. SIERRA MOUNTAIN INTERNET 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 COMPONENTS; 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 SIERRA MOUNTAIN INTERNET OR SIERRA MOUNTAIN INTERNET AGENTS OR INSTALLERS, WHETHER ORAL OR WRITTEN, ARE INFORMATIONAL ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. LIMITED WARRANTY – SIERRA MOUNTAIN INTERNET 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 THIRTY (30) DAYS AFTER USER’s ACTUAL DISCOVERY. SIERRA MOUNTAIN INTERNET WILL HAVE NO LIABILITY FOR ANY CLAIM MADE. SIERRA MOUNTAIN INTERNET 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. SIERRA MOUNTAIN INTERNET’s ENTIRE LIABILITY AND USER’s EXCLUSIVE REMEDY IN CASE OF BREACH OF THIS WARRANTY SHALL BE, AT SIERRA MOUNTAIN INTERNET’s SOLE OPTION, EITHER RETURN OF ALL OR A PORTION OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE, OR REPLACEMENT OR REPAIR OF CONNECTION SERVICES OR PRODUCTS. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY SIERRA MOUNTAIN INTERNET. IF THE SERVICES OR PRODUCTS ARE SUBJECT TO ABUSE, ACCIDENT, IMPROPER USE, OR IF USER BREACHES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY BE TERMINATED. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED BY THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH THEREIN, SIERRA MOUNTAIN INTERNET MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED IN REGARDS TO THE DEVICE OR EQUIPMENT, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET USER’s REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED BY THE DEVICE MANUFACTURER, WHICH CAN BE FOUND ON THE DEVICE MANUFACTURER’S WEBSITE.

16. LIMITATION OF LIABILITY / DISCLAIMER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIERRA MOUNTAIN INTERNET 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 SIERRA MOUNTAIN INTERNET 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, SIERRA MOUNTAIN INTERNET WILL HAVE NO LIABILITY (i) FOR ANY AMOUNT IN EXCESS OF THE SERVICE CHARGES WITH RESPECT TO A 30 DAY 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 SIERRA MOUNTAIN INTERNET’S REASONABLE CONTROL. SIERRA MOUNTAIN INTERNET 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 SIERRA MOUNTAIN INTERNET’s 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. SIERRA MOUNTAIN INTERNET’s AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. IN NO EVENT SHALL SIERRA MOUNTAIN INTERNET’s AGGREGATE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY USER FOR THE SERVICES IN THE ONE (1) MONTH PRIOR TO THE INCIDENT GIVING SIERRA MOUNTAIN INTERNET TO A CLAIM. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, AND SIERRA MOUNTAIN INTERNET 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.

17. INDEMNIFICATION

USER agrees to defend, indemnify, and hold SIERRA MOUNTAIN INTERNET its officers, directors, agents, sub-contractors, and employees harmless from any and all claims. This indemnification includes losses and damages arising from any and all products and services offered by SIERRA MOUNTAIN INTERNET. This indemnification shall survive any termination of this Agreement. USER agrees that claims made against SIERRA MOUNTAIN INTERNET are to be made in Placer County small claims court. USER agrees that no class action suits may be filed against SIERRA MOUNTAIN INTERNET. USER agrees to defend, indemnify, and hold SIERRA MOUNTAIN INTERNET its officers, directors, agents, sub-contractors, and employees harmless from any and all claims, losses and damages arising from products and services offered by SIERRA MOUNTAIN INTERNET, including 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 SIERRA MOUNTAIN INTERNET 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 SIERRA MOUNTAIN INTERNET as part of SIERRA MOUNTAIN INTERNET 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 SIERRA MOUNTAIN INTERNET Services, Equipment, bundled software, Internet or VoIP, including, without limitation, 911 dialing. 

18. MISCELLANEOUS

USER relationship with SIERRA MOUNTAIN INTERNET is that of a customer. USER is not an agent of SIERRA MOUNTAIN INTERNET, and USER has no authority to obligate SIERRA MOUNTAIN INTERNET by contract or otherwise. Third Party Beneficiaries – 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. 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. Transferability and Assignment – USER shall not sell, transfer or assign this Agreement. USER’s account and right to use SIERRA MOUNTAIN INTERNET Services and system are not transferable without SIERRA MOUNTAIN INTERNET’s prior written consent. USER agrees to protect its password and account and to keep them secure from unauthorized USERs and use. 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 SIERRA MOUNTAIN INTERNET at PO BOX 973 Alta, CA. 95701 or to the address of USER set forth on SIERRA MOUNTAIN INTERNET’s records or such other address provided for such purposes. Proprietary Rights – SIERRA MOUNTAIN INTERNET 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 SIERRA MOUNTAIN INTERNET, whether they are embedded in any product. USER agrees to not transmit, rebroadcast, or attempt to distribute or resell SIERRA MOUNTAIN INTERNET services without consent and written permission from SIERRA MOUNTAIN INTERNET. USER recognizes that the products and services used hereunder constitute valuable trade secrets of SIERRA MOUNTAIN INTERNET and USER shall keep confidential trade secrets used by USER and shall not attempt to copy, examine, in any way alter, or reengineer, reverse engineer, tamper with, or otherwise attempt to form, advise, consult a competing business or resell or misuse such knowledge of products and related services in an attempt to disclose trade secrets to a competing entity. USER agrees and acknowledges that SIERRA MOUNTAIN INTERNET is the sole and exclusive owner of all SIERRA MOUNTAIN INTERNET Trade Secrets and other confidential and proprietary information, and USER disclaims and waives any interest in such SIERRA MOUNTAIN INTERNET Trade Secrets and other confidential and proprietary information. USER further agrees and acknowledges that all SIERRA MOUNTAIN INTERNET Trade Secrets and other confidential and proprietary information disclosed to or made available to USER by SIERRA MOUNTAIN INTERNET is the sole property of SIERRA MOUNTAIN INTERNET. USER shall not take or copy SIERRA MOUNTAIN INTERNET Trade Secrets and other confidential and proprietary information contained by the SIERRA MOUNTAIN INTERNET. During the term of this Agreement and for a period of two (2) years thereafter, USER agrees that neither they, personally, nor any other entity through which USER is affiliated or otherwise has a pecuniary or financial interest, will compete in any manner with or against SIERRA MOUNTAIN INTERNET.

19. JURISDICTION/VENUE/CHOICE OF LAW

USER agrees that exclusive jurisdiction for any claim or dispute with SIERRA MOUNTAIN INTERNET or relating to USER’s use of the Services resides in the courts of Placer County, CA. and that SIERRA MOUNTAIN INTERNET reserves the right to change court venue, jurisdiction and choice of law at its sole discretion at any time. USER agrees that the right for SIERRA MOUNTAIN INTERNET to change court venue, jurisdiction or choice of law is reasonable in order to protect SIERRA MOUNTAIN INTERNET's business interests and community investment. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement or compel performance thereof, SIERRA MOUNTAIN INTERNET shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which they may be entitled. Amendments – SIERRA MOUNTAIN INTERNET may modify this Service Agreement from time to time, and USER’s continued use of the Service shall be deemed to be USER’s acceptance of such modification. If USER does not agree to any term or modification of this Agreement, USER must immediately stop using the Service and notify SIERRA MOUNTAIN INTERNET by calling (530) 389-5550 and also in writing at service@mysierra.org.

20. OBLIGATION OF SAFE ENVIRONMENT

USER agrees that the premises on which services are rendered and installed are deemed safe for SIERRA MOUNTAIN INTERNET agents and sub-contractors to work and operate. Customer location and premises must be free from, including but not limited to; aggressive animals or persons, exposed chemicals, biohazards, insects, reptiles, unsafe or unsecured structures and trees, loose items, electrical hazards, and all other hazardous features on USER premises that may cause bodily harm or damage or loss of limb or life. USER is solely responsible for providing a safe working environment and is subject to all damages and liability to SIERRA MOUNTAIN INTERNET.

21. INFORMATION

USER hereby acknowledges that SIERRA MOUNTAIN INTERNET and its affiliates may retain and use any information, comments or ideas conveyed by USER relating to the Service (including any products and services made available on the Service). This information may be used to provide USER with better service. SIERRA MOUNTAIN INTERNET may open and maintain a customer file. Entire Agreement – This Agreement, including the Service Quote and any and all other documents and SIERRA MOUNTAIN INTERNET policies referenced herein, constitutes the entire agreement between SIERRA MOUNTAIN INTERNET and USER pertaining to the subject matter hereof. SIERRA MOUNTAIN INTERNET’s 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.

22. 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.

23. ACCEPTANCE

USER represents and warrants to SIERRA MOUNTAIN INTERNET 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.

24. NON DISPARAGEMENT

USER agrees not to disparage SIERRA MOUNTAIN INTERNET, its respective officers, directors, employees, stockholders, agents and affiliates, in any manner likely to be harmful to them or their business, business reputation or personal reputation. As a condition and acceptance of service USER is prohibited from making negative comments, statements or remarks regarding SIERRA MOUNTAIN INTERNET services and/or it's officers, whether in writing or verbally, including online posts or via social media content. All service related comments may be made to: service@mysierra.org or by calling (530) 389-5550.

25. IRREPARABLE HARM

It is mutually agreed the breach of this Contract on USER’s part shall result in irreparable and continuing damage to SIERRA MOUNTAIN INTERNET for which money damages may not provide adequate relief. Therefore, the breach of this Contract on USER's part shall entitle SIERRA MOUNTAIN INTERNET to both preliminary and permanent injunctive relief and money damages insofar as they can be determined under the circumstances. SIERRA MOUNTAIN INTERNET is entitled to all punitive damages. 

26. USE OF SERVICES / ACCEPTANCE OF AGREEMENT

By using and accepting Service (wired or wireless) from SIERRA MOUNTAIN INTERNET, USER acknowledges that they have read and understand the terms and conditions of this Agreement and agrees to be legally bound by all the terms and conditions of this Agreement and any associated documents, the same as if USER had physically signed this Agreement. This Agreement supersedes all other written and oral communications or agreements regarding 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 SIERRA MOUNTAIN INTERNET. By providing SIERRA MOUNTAIN INTERNET with USER’s telephone number, cell phone number(s), or email address, USER gives consent for SIERRA MOUNTAIN INTERNET, or any of SIERRA MOUNTAIN INTERNET’s 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.