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Whidbey Telecom Internet & Broadband Wi-Fi Service Agreement / Terms of Use

Please read this agreement carefully before using our Wi-Fi Services.

This is an agreement between you and Whidbey Telecom Internet & Broadband and its subsidiaries and or affiliate ("Whidbey Telecom Internet & Broadband", "we", "us", "our") for your use of our wireless local area network communication services ("Wi-Fi", "the Service"). As a Whidbey Telecom Internet & Broadband customer, you have already agreed to the Whidbey Telecom Internet & Broadband Terms and Conditions (http://www.whidbey.net/servsup/terms.html) which remain in effect. They apply to your use of Whidbey Telecom Internet & Broadband Wi-Fi service along with the additional terms set forth below. By either acknowledging this agreement and/or using/activating the Service, you agree to these terms.

REQUIRED DEVICES AND SERVICE AVAILABILITY A laptop, pocket PC or handheld device ("your Device") with Wi-Fi 802.11b wireless capability is required to use the service. [Devices with 802.11g wireless capability have recently become available; certain of these devices are capable of working with either 802.11g or 802.11b wireless environments.] You need to ensure that your Device is compatible with 802.11b Wi-Fi service. Availability of the Service is subject to all memory, storage and other limitations of your Device.

Our Wi-Fi service is available to your Device only when it is in the operating range of our Wi-Fi hot spot location(s). The Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair. The Service may be interrupted, refused, limited or curtailed.

We are not responsible for data, messages or pages lost, not delivered or misdirected because of interruptions or performance issues with the Service, or the underlying network(s) and transmission equipment and systems. The accuracy and timeliness of data received is not guaranteed. Delays or omissions may occur. Actual network speed will vary based on your Device configuration, location, compression, network congestion and other factors.

PROHIBITED USE OF THE SERVICE / COMPLIANCE WITH LAW Reproduction, retrans-mission, dissemination or resale of the Service, whether for profit or not, is prohibited without our express, advance, written permission.

You may not share your IP address or ISP internet connection with anyone, access the Service simultaneously through multiple units, or authorize any other individual or entity to use the Service.

You may not use the Service for any purpose that's unlawful, or in any manner that could damage our property or others' property. You may not use the Service in any way that interferes with, harms or disrupts our system or other users.

We have the right, but not the obligation, to suspend or terminate your access and use of the Service, and to block or remove (in whole or in part) any communications and materials transmitted through our Service that we believe in our sole discretion may violate applicable law, this Agreement or a third party's rights, or that is otherwise inappropriate or unacceptable. We also have the right, but not the obligation, to monitor, intercept and disclose any transmissions over or using our facilities, and to provide subscriber billing, account, or use records, and related information under certain circumstances, such as response to lawful process, orders, warrants or subpoenas, or to protect our rights, property and users.

CONTENT DISCLAIMER The internet contains materials that you may find objectionable or offensive. We don't publish or control, and are not responsible or liable for, any third-party information, content, services, products, software or other material that can be accessed through the Service. You are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products and other information, and the quality and merchantability, accuracy, timeliness or delivery of such services, products and other information. You're responsible for paying any charges that you incur from third parties through your use of the Service, and your personal information may be available to third parties that you access through the Service.

PRIVACY AND SECURITY Wireless systems transmit voice and data communications over a complex network. The privacy and security of such voice and data transmissions cannot be guaranteed. You acknowledge that the Service is not inherently secure, and you understand that wireless communications can be intercepted by equipment and software designed for that purpose. We are not liable to you or any other party for any lack of privacy you experience while using the Service.

You will have a user name and password to access the Service. You are the only authorized user of this information, and it is very important that you keep any user name and password information confidential. Please notify Whidbey Telecom Internet & Broadband immediately if you learn of any unauthorized use of your user name and password. User names and passwords are Whidbey Telecom Internet & Broadband's property, and we may change or replace them.

DISCLAIMER OF WARRANTIES Whidbey Telecom Internet & Broadband is providing the Service on an "as is" and "as available" basis, with no warranties whatsoever. In no event will we be liable for any direct, indirect, incidental, consequential, special, exemplary or any damages associated with your use of the Service. No advice given by Whidbey Telecom Internet & Broadband or our representatives shall create a warranty. You assume all responsibility and risk associated with your use of the Service.