► Terms of Service and Subscriber Agreement Updated 6 February 2021 VortexOK.net Terms of Service WIRELESS INTERNET ACCESS AGREEMENT This online agreement is entered into by and between you the subscriber (Subscriber) and VortexOK.net LLC (Provider) for the purpose of establishing the terms and conditions under which Provider will furnish Wireless Internet Access Service. SERVICE TO BE PROVIDED. Provider, under the terms of this agreement, will furnish to Subscriber the selected package of Wireless Internet Access Service agreed upon at time of installation. TERM OF THE AGREEMENT. This Agreement shall be in effect for an initial term commencing with service inception and continuing for as long as service is being provided. Customer has the right to cancel subscription to service(s) at any time. CHANGES TO SERVICE. At this time, VortexOK.net LLC only has 2 service plans. A grandfathered legacy account and our current plan. If you are part of the legacy account and you have 2 or more late fees in a 12 month period, you will be changed to the current plan rates. PAYMENT SCHEDULE. Subscriber will be billed installation charges, as well as the appropriate rates for the Wireless Internet Access Service. Provider reserves the right to request payment for any and all equipment associated with the initial installation for wireless Internet access in advance. Wireless Internet Access Service charges are due and payable monthly in advance. Failure to pay monthly service charges by the 30th day of the invoice due date, shall give Provider the right, without liability, to temporarily disconnect Wireless Internet Access Service. The Provider is not liable for any loss of business, loss of phone service, or any style of Internet services from a deactivated Internet account. To restore service, payment of the full unpaid balance, Late Fee, will apply. LATE PAYMENT FEES – A late payment fee of $5.00 per month may be added on accounts not paid within three (3) days after invoice due date. The late fee would be added to the following month invoice. (example: You’re late for your June invoice, it will be added to your July invoice). CUSTOMER PROVIDED EQUIPMENT. Provider is not responsible for support of customer provided equipment and Subscriber will be liable for the expense of a service call if such equipment adversely affects Wireless Internet Access Service. Provider will be responsible if it is a realignment of outdoor radio. CUSTOMER INSTALLATION. The installation date and time will be determined by Provider and communicated to Subscriber as early as possible. Prior to or during installation, Subscriber and Provider will determine if Subscriber’s computer(s) are configured appropriately for the Wireless Internet Access Service connection. If not, Subscriber will be required to purchase or provide the appropriate hardware for the service to work. Installation of said equipment can be installed by Provider for a fee. Provider responsibility ends with the internet cable coming into the home. Provider will not perform work on any of Subscriber’s computers or customer router/network. SERVICE CALLS. If Provider is called to Subscriber’s site and it is determined that the problem is other than the Wireless Internet Access Service and/or the Wireless Internet Access interface, a minimum service fee of $50.00 will be charged for the first hour and in half hour increments thereafter. SERVICE DELIVERY. Wireless Internet Access connection speed is measured between Subscriber’s location and the Provider access point. Connection speeds may be lower under conditions of high Internet usage. Actual data transmission or throughput may be lower than the connection speed due to Internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by Provider. DELAY. Provider will not be liable for any delay in the delivery or installation of Wireless Internet Access Service or for any damages suffered by Subscriber by reason of such delay regardless of whether such delay is directly or indirectly caused by Provider. CONSEQUENTIAL DAMAGES. Provider is not responsible for any incidental or consequential damages resulting from failure of, or suspension of, Wireless Internet Access services. Provider is not responsible for any structural damage, leaks, water damage or any other adverse effects resulting from the mounting of outdoor equipment and penetration of buildings. Voice Over IP (VOIP). Provider does support, but does not guarantee Voice Over IP Protocol. Any number of factors can take down a Voice Over IP telephone line. We suggest either a backup land line or a cellular phone if you use the Voice Over IP services. TV Over IP (IPTV). Provider does support, but does not guarantee TV Over IP Protocol. Any number of factors can take down a TV Over IP television line. We suggest either DirecTV, Dish Network, or other TV service provider if you continue to have problems with TV over IP Protocol. . Excessive Use Policy As with all internet service providers, VortexOK.net LLC does have an Excessive Use Policy. The vast majority of VortexOK.net LLC customers use their connection in a manner that does not infringe on other VortexOK.net LLC customers. An extremely small percentage of customers use their VortexOK.net LLC connection excessively, or at such extreme high volumes, that they use more than their share of the overall VortexOK.net LLC connection. While this high volume use among our customers is very rare (less than 1%), VortexOK.net LLC reserves the right to throttle the network speed of any offending customer down to a lower sustained rate. VortexOK.net LLC would like to stress that this is an extremely rare occurrence and that it only affects those customers who constantly abuse their connection by maintaining extremely long periods of sustained upstream and downstream traffic that maxes out their connection. VortexOK.net LLC expects that almost all its customers will remain unaffected by this as they maintain their normal Internet usage. Commitment of Service VortexOK.net LLC continually strives to be the premier Wireless Internet Access Service Provider in Comanche County. As part of this commitment, our Network Operations Center (NOC) Engineers proactively monitor performance on our network backbone to ensure VortexOK.net LLC has adequate backbone bandwidth to accommodate high- speed service for our entire customer base. Finally, VortexOK.net LLC takes great pride in our high-speed network. We also recognize that unexpected traffic on our network and/or the Internet, including the provider we purchase from can at times impact our customers reducing their throughput speeds. Many factors are involved in this potential problem and our commitment is that VortexOK.net LLC will do everything possible to proactively monitor, evaluate and control the factors within our direct control. In addition, we continually evaluate new technologies to ensure we evolve our network as technologies change thus allowing us to deliver state-of-the-art products to our customers.