Qsurf, USA’s Wireless Broadband Business Customer Agreement

This Qsurf, USA Wireless Broadband Business Customer Agreement ("Agreement") is entered into between Qsurf, USA ("Qsurf, USA") P.O. Box 17466, Colorado Springs, CO 80935-7466, and the customer designated to the Work Order ("you"). The parties agree to the following:

Section 1. INSTALLATION AND SERVICE.
(a) You hereby authorize Qsurf, USA and/or its authorized contractors to install wireless equipment (the “Equipment”) at your business (the “Premises”) necessary to provide Qsurf, USA Wireless Broadband service (the “Services”).
(b) Any custom installation work that you request, including placing cable under carpet, through cabinets, through interior walls or inside molding, may require an additional charge of $25.00 per hour with a minimum of 1 hour plus materials.
(c) Qsurf, USA will not be liable for any alterations to the Premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets.
(d) You warrant that you are at least 18 years of age and that you own the Premises, or have received permission form the owner of the Premises to make any changes to the Premises needed to install the Equipment and receive the Services. Additionally, it is your obligation to confirm that the placement of the transceiver on the Premises is not in violation of any restrictive covenants, conditions or property management restrictions.
(e) You agree to allow Qsurf, USA or its subcontractors access to the Premises to perform installation, repair or maintenance services in support of the Services.
(f) Qsurf, USA may revise, modify or discontinue any or all aspects of the Services, including but not limited to Service and Equipment prices, any applicable tariffs, and any terms of this Agreement.
(g) Notice to you of any revisions or modifications will consist of updating the terms on the Qsurf, USA Broadband web site at http://www.QsurfUSA.com/agreements/business.htm.
(h) Qsurf, USA assumes no responsibility or liability for interruption of the Services.

Section 2. PAYMENT TERMS.
(a) Qsurf, USA will provide the Services to you subject to this Agreement, and you agree to pay for the Services when due by check.
(b) You authorize Qsurf, USA to perform a credit check prior to providing the Equipment or the Services.
(c) If you fail to pay all valid charges for the Services when due, Qsurf, USA may charge you interest on those charges.
(d) If you fail to pay any amounts owing to Qsurf, USA within 30 days, Qsurf, USA will have the absolute right to disconnect the Services without notice. Upon disconnect, you agree to immediately pay all amounts owing to Qsurf, USA.

Section 3. LIMITED WARRANTY, SERVICES AND REPAIRS.
(a) Qsurf, USA will provide a limited parts and labor warranty for the Equipment and the installation thereof for 12 months from the date of installation.
(b) This warranty excludes any damage resulting from abuse or negligence, or Acts of God, as determined solely by Qsurf, USA.
(c) This warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
(d) If you sell the Equipment, any warranties will automatically and immediately terminate.
(e) Any repair or replacement of the Equipment and/or correction of an installation problem following the expiration of this Agreement will be your responsibility.
(f) If Qsurf, USA damages the Premises during the Services' installation or maintenance, Qsurf, USA will compensate the owner of the Premises for reasonable, actual and documented costs of necessary repair, not to exceed $1,000.00.

Section 4. INTERNET ACCESS.
(a) You hereby agree to abide by Qsurf, USA’s Acceptable Use Policy. The Policy is set forth in full at http://www.QsurfUSA.com/aup and is hereby incorporated by reference.
(b) You access the materials on the Internet at your own risk.
(c) Qsurf, USA may deny you access to all or part of the Services without notice if you breach this Agreement, including but not limited to, Qsurf, USA's Acceptable Use Policy.
(d) You are responsible for ensuring that your usage of the Services does not improperly restrict, degrade or adversely affect any other user's use of the Services, nor represent, in Qsurf, USA's sole judgment, and unusually large burden on the network itself. You must comply with the then current bandwidth, data storage and other limitations on the Services. If Qsurf, USA determines that you are exceeding bandwidth limits, you will be notified by mail and given 7 days to bring your usage within appropriate limits. If excessive use continues after the 7-day period, Qsurf, USA may take any action it deems necessary, including, but not limited to, terminating the Services, to ensure that your usage does not adversely affect Qsurf, USA's ability to provide Services to other customers. Qsurf, USA will notify you of any such action via mail or email.
(e) Qsurf, USA will assign to you a dynamic private Internet Protocol Address ("IP Address"), you may purchase a static public IP Address which is owned and is the exclusive property of Qsurf, USA and is not portable. Qsurf, USA may change the IP Address at any time without liability and without prior notice to you. Qsurf, USA will use reasonable efforts to avoid any disruption to you by notifying you via email before changing your IP Address.
(f) Qsurf, USA will not use or disclose any personally identifiable information regarding Internet usage unless compelled by a court order or subpoena, you consent to the use or disclosure, or to protect Qsurf, USA's services and facilities.

Section 5. LIMITATION OF LIABILITY AND INDEMNIFICATION.
(a) NEITHER QSURF, USA NOR ITS SUBCONTRACTORS WILL BE LIABLE FOR ANY LOSS OF DATA OR DAMAGE TO HARDWARE THAT OCCURS DURING INSTALLATION OF OR ANY SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF Qsurf, USA Wireless Broadband. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTER PRIOR TO INSTALLATION. YOU FURTHER AGREE THAT QSURF, USA AND/0R ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH YOUR COMPUTER FOLLOWING THE INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF Qsurf, USA Wireless Broadband.
(b) YOUR EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES RESULTING FROM THE INSTALLATION OF EQUIPMENT AND YOUR USE OF THE SERVICES, INCLUDING QSURF, USA'S OR ITS SUBCONTRACTOR'S NEGLIGENCE, WILL BE LIMITED TO FEES PAID TO QSURF, USA UP TO THE TIME THE DAMAGE IS DISCOVERED.
(c) THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER QSURF, USA NOR ITS AFFILIATES WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(d) QSURF, USA, ITS AFFILIATES AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMGES OF ANY NATURE, INCLUDING PERSONAL INJURIES, PROPERTY DAMAGE OR LOSS OF BUSINESS, THAT RESULT IN ANY WAY FROM YOUR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE INTERNET OR THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
(e) You agree to indemnify, defend and hold Qsurf, USA, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the Equipment and/or the Service by you or an authorized user of your account, including the placement or transmission of any message, information, software or other materials on the Internet.
(f) These limitations on liability and indemnification provision insure to the benefit of and apply to:
(1) Qsurf, USA's parent, subsidiary and affiliated companies;
(2) any successor to Qsurf, USA's business by way of merger, purchase of assets, or operation of law; and
(3) any subcontractors performing work on behalf of Qsurf, USA.

Section 6. TERM AND TERMINATION.
(a) This Agreement will have a Term as designated on the Work Order.
(b) Qsurf, USA has no obligation to remove the Equipment if you terminate the Services. However, if you fail to pay the Termination fee, Qsurf, USA may, but is not required to, remove and resell or reuse the Equipment.
(c) If you move out of the Premises, Qsurf, USA may terminate this Agreement and disconnect the Services and you will be liable for the Termination Fee.
(d) If you terminate this Agreement before the end of the Term, you agree to pay Qsurf, USA a termination fee of $299 (the "Termination Fee").
(e) At the end of the initial Term, this Agreement will automatically renew for successive one-month periods unless you advise Qsurf, USA in writing that you wish to terminate the Services.

Section 7. MISCELLANEOUS.
(a) Any notice of revisions or modifications to the above mentioned policies will consist of updating the contents on the Qsurf, USA's web site at http://www.QsurfUSA.com/agreements.