PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR SERVICES.

Port Networks, LLC ("us" or "our") provides wireless computer networking services ("Services") to businesses which pay a monthly or annual service fee for use of the Services ("you" or "your"). By using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other user policies.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current User, you must terminate your use of the Services under Section 10.

1. SERVICES

a. We will provide the Services described at the top of the first page of a customer's Business Internet Access Agreement. If we provide additional services or services different from those listed, your cost may change.

b. If we are temporarily unable to provide the Services described above, we will credit your account for any interruption in service that lasts longer than 60 minutes. Each interruption is measured from the time you report the outage to the time service is restored. You will receive a credit for three day’s service (1/10th of your recurring monthly payment) for any interruption lasting longer than 60 minutes. The maximum credit available is the full amount paid for that month. This provision does not apply if the interruption is caused by the failure of your equipment, your negligence, or your failure to comply with the terms of this Agreement, and does not apply to scheduled maintenance periods

c. We will bill you for the Services at the start of the period in which we provide them, through an invoice or a charge to your credit or debit card account.

d. We will also bill you for any taxes, regulatory fees, or other surcharges applied to the Services by local, state, or federal authorities.

e. We reserve the right to suspend or cancel delinquent accounts at our sole discretion; however, charges will continue to accrue until the account is canceled. We may bill an additional charge to reinstate a suspended account.

f. We may change the configuration of our network at any time, and we reserve the right to direct you to certain channels, access points, or connection methods.

g. We reserve the right to make the Services unavailable for short periods in order to conduct maintenance or install upgrades. We will try our best to schedule these periods during early morning hours to minimize the inconvenience to our customers.

h. 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. We may immediately remove your material or information from our servers, in whole or in part, if we, in our sole and absolute discretion, determine that it infringes another's property rights or violates our Acceptable Use Policy.

2. YOUR RESPONSIBILITIES

a. You must be at least 18 years of age and an authorized representative of your organization to establish service with Port Networks.

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 ensure that any of our equipment installed on your property is protected against damage.

e. 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.

f. You must keep your password confidential so that no one else may access the Services through your account. You must notify Port Networks immediately upon discovering any unauthorized use of your account.

g. 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 30 days old.

h. You are responsible for returning any of our property in your possession should you terminate this Agreement.

i. You are responsible for maintaining current backups of any material stored on our servers. We are not responsible for the loss of any data you store with us.

j. You are responsible for obeying all applicable laws while using our Services.

3. PROHIBITED PRACTICES

a. You may not use your account for high-volume outbound email 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 act in a manner that negatively affects other users of the Internet

e. You may not violate any law, regulation or Internet rule governing Internet use.

f. You may not use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it.

4. OWNERSHIP

a. You are hereby licensed to use our Services for the term of this Agreement. This Agreement 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 as part of a transaction outside of this Agreement. We agree to pay all applicable property, use, sales, or other taxes due on our equipment.

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 our Services are our intellectual property, and you agree to keep them confidential should they come into your possession.

5. TERM & TERMINATION

a. This Agreement will take effect on the date entered at the top of its first page, and will expire one year from that date. If you continue to use our Services after that date, this Agreement will renew for a second term of one year, at the then-current pricing for our Services.

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 any applicable law.

c. You may terminate this Agreement at any time, but if you terminate other than at the end of a one-year term, you will be charged a cancellation fee equal to one-half of the amount due through the end of that term.

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 MATERIALS, SOME OF WHICH ARE 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 of Maryland, 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 City of Baltimore, Maryland, 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. This Agreement, the Acceptable Use Policy, the 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 between us.

h. We reserve the right to revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, 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.

v. 06-24-04 (c) Port Networks, 2004

Click here to see other Port Networks policies.

For more information about any of the above, please send an email to info@portnetworks.com