Subscriber-License-Agreement

Charges

Charges for Skyline's Internet Services shall be as stated in the Internet Service Application, or as otherwise agreed in writing by the parties, and shall be payable by you commencing no later than one business day after receipt of application by Skyline. All pre-paid plans are non-refundable. All pre-paid price plans are treated as debit accounts; you are set up with a credit for indicated number of months. All listed charges are exclusive of sales, use and other taxes, which are your responsibility.

Billing

For accounts activated with the Internet Service Application, the following applies: Your first bill will be prorated according to days of service left in Skyline's billing period. You agree to pay Skyline all charges relating to use of your account(s) according to rates and prices published on your application at the time of use. You are responsible for charges at the time the service is used and Skyline may apply the amount due to your credit card / checking account at any time.  

Web Service

For organizations selecting World Wide Web services the following applies: Set-up and development fees are required up-front and are non-refundable. Domain name service is an additional service if that is desired. Skyline grants you a non-exclusive, non-transferable, limited license to store documents on a Skyline Internet World Wide Web server, and to use the server at burst bandwidth speeds up to Skyline's full capacity.  

Allowable Use

Skyline's Internet Services may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless Skyline from any claims resulting from your use of Skyline service. You agree to abide by Skyline's Acceptable Use Policies concerning use of Skyline's Internet Services. Unsolicited advertisements via email, or via discussion groups whose charter does not explicitly allow advertisements, is specifically not an allowable use. Skyline reserves the right to suspend access to service for your account(s) upon an indication of disallowed use or credit problems including delinquent payments or rejection of credit card charges.  

Unlimited Access

Unlimited wireless accounts have no hourly charges. This service is an always-on connection, with the exceptions of issues listed in the section titled “force majeure”.

No Assignment

The benefits or rights conferred by this agreement are non-transferable and non-assignable. The connectivity provided is expressly limited to you. Resale or use of this connection by other person or persons is prohibited.

Responsibility for Account use

You are responsible for all use of your account(s) and confidentiality of password(s). Skyline will suspend or change access upon notification that your password has been stolen, lost or otherwise possibly compromised. Skyline is not responsible for your personal files residing online on Skyline owned and controlled computers. You shall be responsible for independent backup of your data stored online. You shall be responsible for all access to and use of Skyline's Internet Services by your personnel or by means of your equipment, whether or not you have knowledge of or authorize such access or use.  If subscriber is less than 18 years of age, the application must be signed and these terms agreed to by a parent or legal guardian, who is responsible for all charges related to the use of subscriber's account(s).  

Related Charges

You are responsible for equipment, including computer hardware and software, used in connecting to Skyline.

Limitations on Resource Usage

Skyline reserves the right to impose limits on the total amount of disk space and other resources available for your use on Skyline-operated computers. Skyline reserves the right to delete without notice personal files that have not been accessed for more than 6 months.  

Term and Termination

This agreement shall become effective one month (customer will have one-month trial period) from the date the service application is entered into Skyline's system (no later than the end of one business day after receipt of application).  This agreement term shall remain in effect for no less than 12 months, unless otherwise stated in writing by Skyline. If customer chooses to breach this agreement prior to the 12 month commitment date, customer will pay a $350 disconnect fee to Skyline. Skyline, at its sole discretion, may terminate this agreement immediately or suspend your access to the service upon any breach of this Agreement by you. You are responsible for notifying Skyline of your wish to terminate your account, if so desired. Charges will continue to accrue until your notification to Skyline of account termination, or until 30 days after nonpayment, at which point Skyline will terminate your account; you will then be required to re-subscribe according to policies in effect at that time in order to continue service. Licenses granted hereunder will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation. Skyline Wireless LLC reserves the right to refuse service to anyone and at anytime with no explanation needed.

Force Majeure

Skyline's performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.  

Limitation of Liability

Skyline exercises no control whatsoever over the content of the information accessed through Skyline's Internet Services. Skyline's Internet Services are provided on an "as is, as available" basis, without warranty of any kind, expressed or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. Skyline and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to (i) your inability or failure to perform research or related work or to work properly or completely, or (ii) any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, Skyline's Internet Services. Skyline will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via Skyline's Internet Services is at your sole risk. Skyline specifically disclaims any responsibility for the accuracy or quality of information obtained through Skyline's Internet Services. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Skyline or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of Skyline's list price for a license to the Software and Documentation, even if Skyline shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.  

Effect of Agreement

This Agreement (which shall include the current and future Schedules hereto) represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein, and not those contained in your purchase order. MODIFICATION OF TERMS AND CHARGES. Skyline reserves the right to change rates or otherwise modify provisions of this Agreement by notifying you at least thirty (30) days before the effective date of the change, by written or online notice. Your use of Skyline's Internet Services after such notice shall constitute your acceptance of the modifications to this Agreement.  

Sever ability

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other provisions are unaffected.

Notices

Except as otherwise provided herein, all notices hereunder shall be given in writing as follows:

Skyline Wireless Internet and Consulting, L.L.C.

500 W Rogers Blvd Suite. D

Skiatook, OK 74070

918-396-0460  

Governing Law

This Agreement shall be governed by and construed under the laws of the state of Oklahoma, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly included.

Waiver

Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.