Sprint Broadband Direct Commercial Customer Agreement

This Sprint Broadband Direct Commercial Customer Agreement ("Agreement") is entered into between Sprint Communications Company L.P. ("Sprint"), having an office at 2330 Shawnee Mission Parkway, Westwood, Kansas 66205, and the customer designated on the Work Order ("you"). The parties agree to the following:

Section 1. INSTALLATION AND SERVICE.

(a) You hereby authorize Sprint and/or its authorized contractors to install a transceiver, modem, software, wiring and other equipment (the "Equipment") at the location where you are receiving the Services (the "Premises") necessary to provide Sprint Broadband Direct 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.

(c) Sprint 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 from the owner 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 covenants, conditions or restrictions.

(e) You agree to allow Sprint or its subcontractors access to the Premises to perform installation, repair or maintenance services in support of the Services.

(f) Sprint 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 Sprint Broadband Direct web site (index.jsp) or sending an email to your primary or preferred Sprint services.

(h) Sprint assumes no responsibility or liability for interruption of the Services.

Section 2. PAYMENT TERMS.

(a) Sprint will provide the Services to you subject to this Agreement, and you agree to pay for the Services when due by valid credit card or automatic withdrawal from a valid bank account, or by invoice and purchase order.

(b) You authorize Sprint 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, Sprint may charge you interest on those charges.
If you fail to pay any amounts owing to Sprint within 30 days, Sprint will have the absolute right to disconnect the Services without notice. Upon disconnect, you agree to immediately pay all amounts owing to Sprint.

Section 3. TERM AND TERMINATION; TERMINATION FEE.

(a) This Agreement will have a Term as designated on the Work Order.

(b) At the end of the initial Term, this Agreement will automatically renew for successive one-month periods unless you advise Sprint in writing that you wish to terminate the Services.

(c) If you terminate this Agreement before the end of the Term, you agree to pay Sprint a termination fee of $299 (the "Termination Fee") divided by the number of months in the Term multiplied by the number of months remaining in the Term at the time of termination.

(d) Sprint has no obligation to remove the Equipment if you terminate the Services. However, if you fail to pay the Termination Fee, Sprint may, but is not required to, remove and resell or reuse the Equipment.
If you move out of the Premises, Sprint may terminate this Agreement and disconnect the Services and you will be liable for the Termination Fee.

Section 4. LIMITED WARRANTY, SERVICE AND REPAIRS.

(a) Sprint will provide a limited parts and labor warranty for the Equipment and the installation thereof during the initial Term.

(b) This warranty excludes any damage resulting from abuse or negligence, or Acts of God, as determined solely by Sprint.

(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.
If Sprint damages the Premises during the Services' installation or maintenance, Sprint will compensate the owner of Premises for reasonable, actual and documented costs of necessary repair, not to exceed $1,000.

Section 5. INTERNET ACCESS.

(a) You hereby agree to abide by Sprint's Acceptable Use Policy. The Policy is set forth in full at index.jspacceptable.html and is hereby incorporated by reference.

(b) You access the materials on the Internet at your own risk.

(c) Sprint may deny you access to all or part of the Services without notice if you breach this Agreement, including but not limited to, Sprint'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 Sprint's sole judgement, an unusually large burden on the network itself. You must comply with the then current bandwidth, data storage and other limitations on the Services. If Sprint determines that you are exceeding bandwidth limits, you will be notified by mail and given 15 days to bring your usage within appropriate limits. If excessive use continues after the 15-day period, Sprint may take any action it deems necessary, including, but not limited to, terminating the Services, to ensure that your usage does not adversely affect Sprint's ability to provide the Services to other customers. Sprint will notify you of any such action via mail or email.

(e) Sprint will assign to you a Sprint-owned Internet Protocol address ("IP Address") which is the exclusive property of Sprint and is not portable. Sprint may change the IP Address at any time without liability and without prior notice to you. Sprint will use reasonable efforts to avoid any disruption to you by notifying you via email before changing your IP Address.

(f) Sprint's network gathers information about Internet usage such as the sites visited, session lengths, bit rates, and number of messages and bytes passed. Sprint uses this information in the aggregate. Sprint may share this aggregated information with other parties from time to time. Sprint collects and uses personally identifiable information obtained from you and from other sources for billing purposes, to provide and change service, to anticipate and resolve problems with your service, or to identify, create and inform you of products and services that better meet your needs. Sprint 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 Sprint's broadband services and facilities.

Section 6. LIMITATION OF LIABILITY AND INDEMNIFICATION.

(a) NEITHER SPRINT 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 SPRINT BROADBAND DIRECT. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTER PRIOR TO INSTALLATION. YOU FURTHER AGREE THAT SPRINT AND/OR 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 SPRINT BROADBAND DIRECT.

(b) YOUR EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES RESULTING FROM THE INSTALLATION OF EQUIPMENT AND YOUR USE OF THE SERVICES, INCLUDING SPRINT'S OR ITS SUBCONTRACTOR'S NEGLIGENCE, WILL BE LIMITED TO FEES PAID TO SPRINT 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 OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SPRINT 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) SPRINT, ITS AFFILIATES AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING PERSONAL INJURIES, PROPERTY DAMAGE OR LOSS OF BUSINESS, THAT RESULT IN ANY WAY FROM YOUR USE OF OR 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.

You agree to indemnify, defend and hold Sprint, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the Equipment and/or the Services 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. These limitations on liability and indemnification provisions inure to the benefit of and apply to: (1) Sprint's parent, subsidiary and affiliated companies; (2) any successor to Sprint's business by way of merger, purchase of assets, or operation of law; and (3) any subcontractors performing work on behalf of Sprint.