Any violation of this Policy, or any policy posted at http://communitybroadband.com, or use of the Service for any other illegal activity is subject to immediate termination of service without notice. Any subscriber who does not agree to be bound by these terms should immediately terminate use of the services and notify the customer service department at 541-504-6600.

1.0 TERMS OF SERVICE

1.1 Community Broadband provides its service to you as a registered customer, member or authorized user ("Member", "Subscriber" or "you"), subject to the terms of this Agreement and the Community Broadband Acceptable Use Policy and the Community Broadband Privacy Policy. These documents are binding agreements and we shall refer to them collectively as "TERMS OF SERVICE" The Terms of Service comprises the entire agreement between Community Broadband and you, superseding any prior agreements between you and Community Broadband with respect to its subject matter.

1.2 Community Broadband may change the Terms of Service at any time, and such change shall take effect thirty (30) days after the date of the last Terms of Service change as posted (noted as the "last modified" date.) You agree to review the Terms of Service periodically to be aware of such changes. If any change is unacceptable to you, you may terminate your membership at any time. Your continued use of Community Broadband following the Effective Date of any such change to the Terms of Service constitutes acceptance of all such changes.

2.0 YOUR ACCOUNT INFORMATION

2.1 You certify the YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You agree to provide Community Broadband with accurate, complete, and updated registration information and a valid email address for correspondence if you are an Internet subscriber. Failure to do this constitutes a breach of this agreement and unauthorized access to Community Broadband services. Unauthorized access to Community Broadband could result in immediate termination of your account and subject you to civil and criminal liability.

2.2 You are entirely liable for all activities conducted through your account. A Member may permit another individual, including a minor, to use the Members account subject to Member supervision and with Members assumption of all resulting liabilities. Because Community Broadband sends important notices about your membership to the account holder at your registered email address, you agree to check the account regularly and bear the risk of failing to do so.

3.0 CHARGES AND BILLING PRACTICES

3.1 You may obtain current rates and surcharges for using Community Broadband by calling Customer Service at 541-504-6600. Billing rates do not include any applicable sales, use, value-added, personal property, or other governmental tax or levy imposed on goods or services billed to Members account.

3.2 Automatic Payment is mandatory for Residential customers. By providing credit card account information and signing a Community Broadband Residential Subscriber Agreement authorizing Community Broadband to charge the credit card monthly for your account balance due, you have accepted enrollment in Community Broadband's Automatic Payment plan. Community Broadband will provide you with a monthly statement of your account(s) containing an itemized list of services and products used during the billing period. You agree to review each statement you receive for errors. If at anytime Community Broadband is unable to process monthly payment using your provided credit card information, your account will be considered Past Due and subject to suspension, termination and/or reactivation fees. Either party may terminate this agreement at any time by giving the other party written notice reasonably in advance of the date of termination of any scheduled settlement date. Automatic Payment participation may also be canceled by the credit card issuer. Termination shall not prevent a debit transaction authorized before any notice of termination. Your credit card issuer agreement governs your use of your designated card in connection with Community Broadband, and you must refer to that agreement and not this Community Broadband agreement with respect to your rights and liabilities as a cardholder. You agree to be bound by any rules your credit card issuer requires for pre-authorized credit card charges. For more information, refer to the Community Broadband Automatic Monthly Payment Agreement.

3.3 If Community Broadband does not receive the full amount of your Community Broadband account balance within thirty (30) days of the invoice date, a late payment charge will be added to your bill and immediately become due and payable. Contact Customer Service for late payment fees. Member also shall be liable for all attorney and collection fees arising from Community Broadband's efforts to collect any unpaid balance of your account(s). You agree to pay any outstanding balance in the event of cancellation or termination of your Community Broadband account; unless you make alternate payment arrangements with Community Broadband at the time of service cancellation or temination, you agree to allow Community Broadband to charge your full balance due to your credit card on file. If you believe your bill contains any incorrect charges you must notify us of such disputed charges within ninety (90) days of the first bill on which the charge first appears or they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release Community Broadband from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to Community Broadband within ninety (90) days of its publication.

3.4 Community Broadband will not reimburse you for any NSF fees charged to you because of insufficient funds in the account from which you make your payments to Community Broadband. We will not accept a new check from you within six months of the posted date of NSF charge. Community Broadband can only accept alternative payment methods within this six month period; either from a credit card or a debit card that is not under the same account that the bad check was under. If you cannot provide alternative payment then your services will be discontinued.

3.5 Community Broadband will only transfer services from one address to another if your account is in good standing and you have no past due payments of 30 days or more.

3.6 You will not be eligible for any Community Broadband promotions or upgraded service levels for Internet, phone or any other services if your account is not in good standing and you owe a past due payment.

3.7 Community Broadband will provide equipment ("Equipment") necessary to deliver Internet connectivity to the interior of your service address. Upon service termination by either party, you agree to return within seven days all Community Broadband Equipment in your possession in good working order, normal wear and tear excepted. If you do not return Equipment, or we determine returned Equipment to be damaged beyond normal wear and tear, you agree to pay full replacement cost of Equipment up to $300.00.

Return all Community Broadband Equipment to: COMMUNITY BROADBAND, 4784 S. Hwy 97, Redmond Oregon 97756.

You agree that Community Broadband may pursue all avenues of collection, including use of collection agencies and authorizes Community Broadband to prepare and submit credit charge slips using any of the charge cards on file to recover all charges and all other unpaid amounts due to (a) subscriber's failure to return equipment. (b) damaged or destroyed equipment (normal wear and tear accepted.) (c) other unpaid charges and reasonable legal fees resulting from the failure of subscriber to pay for television or Internet services.

3.8 Community Broadband RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING ADDITIONAL OR SUPPLEMENTAL FEES FOR SERVICES PROVIDED BY Community Broadband, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING BY Community Broadband. Community Broadband MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH email TO YOUR REGISTERED ACCOUNT OR THROUGH THE U.S. MAIL TO THE MASTER ACCOUNT HOLDER.

3.9 If any such change is unacceptable to you, you may terminate your membership at any time. Your continued use of Community Broadband following the effective date shall constitute your acceptance of such change. Your membership fees are not refundable in whole or part, and certain early service termination fees or charges may apply if you are under any contract for equipment or services or to any 3rd parties.

4.0 CUSTOMER INFORMATION

4.1 Collection and Storage. We maintain the following types of identity and billing information: your name, street address, telephone number(s), email address(s), length of membership, and payment information. We may also keep information on your communications with our Customer Service department, and general account history, such as accumulated usage credits or written complaints relating to your account. We safeguard individual information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Members individual information. Employees who violate Community Broadband's privacy policies are subject to disciplinary actions, including termination where appropriate. For more information, refer to the Community Broadband Privacy Policy.

4.2 We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on Community Broadband's behalf.

5.0 THE INTERNET

5.1 Please be aware that Community Broadband is a provider that allows access to the Internet, but is not the Internet. Community Broadband does not control the content, services, or areas available through the Internet (with minor exceptions, such as the Community Broadband website), and providers of Internet sites or services have separate data and privacy practices independent of Community Broadband.

5.2 The Internet is not owned, operated, or managed by Community Broadband or any of its affiliates. You agree that your Internet use is solely at your own risk and is subject to all applicable local, state, national, International and foreign laws and regulations. Neither Community Broadband, nor its affiliates, shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available through the Internet, or your inability to access the Internet or any of its sites.

6.0 INTERNET SERVICE USAGE

6.1 Community Broadband's unlimited Internet accounts are flat rate for normal and reasonable metered usage. As the previous sentence states, there are reasonable limitations on this usage. Those limitations are spelled out here and in the Community Broadband Acceptable Use Policy. If the Subscriber is continuously using the Community Broadband system, by means of acting as a provider of Internet services to others, then the usage is abusive, and serves as grounds for termination of the Member's account without a refund.

6.2 CONCURRENT USAGE: Community Broadband Internet service is sold on the basis of providing private service to a single business or residence. Using Community Broadband's Internet service to broadcast transmission, via wired or wireless connection(s), to multiple businesses, homes orapartment(s) units or any other connections other than your single business or residence is strictly prohibited.

6.3 Emulators, IRCs, MUDs and other Servers: IRCbots or servers may not be run on Community Broadband's system, except with the prior explicit permission from Community Broadband. Bots found running will be terminated; files associated with them may be deleted.

6.4 Bandwidth/CPU usage: Select services include use of Community Broadband web space / web hosting. You may populate Community Broadband web space with whatever material you like as long as it is legal and it does not generate traffic in excess of limits specified by Community Broadband. For this reason, Community Broadband does not allow hosting or storing of any adult-oriented materials here. If your Internet site suddenly takes up inordinately large amounts of bandwidth, we retain the right to restrict access to it for such interval as we deem necessary to maintain availability of bandwidth for all users. Similarly, your actions/processes may not consume an unreasonable amount of system resources/CPU cycles.

7.0 PROHIBITED INTERNET SERVICE USES

7.1 You may not use, or allow others to use, your Community Broadband account, either directly or indirectly, to:

7.2 Spamming is strictly prohibited. "Spamming" is sending unsolicited email - whether "mass" or ostensibly targeted - to people who have not asked for such email. Spam is also posting a single cross-post to many newsgroups, or many individual posts to multiple newsgroups that are not related to the topic of your article, or where doing so is in violation of a group's charter or common use. Posting identical or nearly identical Usenet posts on a regular (daily, weekly) basis - with the exception of FAQ's and other informational content posts - is similarly prohibited. Spam sent via other networks, but referencing email addresses or websites at Community Broadband is similarly prohibited. You may not use Community Broadband as a drop off address for replies to Spam mail or Spam posts sent from other networks. We encourage the appropriate use of email and newsgroups, and we do not censor for content.

7.3 Community Broadband maintains a "ZERO TOLERANCE" stance regarding copyright infringement. If Community Broadband is notified that your Internet connection was used to facilitate the transfer of copyrighted material, for which you do not have permission, your account will be suspended/terminated immediately and without notice.

7.4 It is prohibited to "mount an attack" against our system or any other. This includes (but is not limited to): mail bombing, "hacking" or attempting to gain root access, tsunami or flood bots, annoyance utilities like "nuke" or "flash", employing packet sniffers, flood pings, etc.

7.5 Please see the Acceptable Use Policy for additional examples of prohibited conduct. Community Broadband reserves the right to protect its Subscribers and Community Broadband from offensive email communication, including, but not limited to, the right to block mass email solicitations, or "junk email."

8.0 WARRANTY

8.1 Member expressly agrees that use of Community Broadband, Community Broadband software and the Internet are at member's sole risk. Community Broadband, Community Broadband software, and the Internet are provided "as is" and "as available" for your personal use, without warranties of any kind, either expressed or implied, unless such warranties are legally incapable of exclusion. Community Broadband provides the Community Broadband service on a commercially reasonable basis and does not guarantee that members will be able to access the service at a time or location of their choosing. Community Broadband's entire liability and your exclusive remedy with respect to use of Community Broadband, Community Broadband software, and the Internet shall be the replacement of any Community Broadband software found to be defective. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Community Broadband's liability shall be limited to the extent permitted by law. Community Broadband does not endorse, warrant or guarantee any product or service offered through Community Broadband, except as expressly provided elsewhere, and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

8.2 When purchasing Customer Equipment from Community Broadband, you will acquire the rights given to you by the manufacturer of the Customer Equipment. We make no warranties, and have no obligations to you based on your purchase of the Customer Equipment, and you agree to look solely to the manufacturer of the Customer Equipment for those claims.
Community Broadband Equipment maintenance and support is limited to the equipment that we own. We do not provide support or maintenance for any Customer Equipment (purchased from Community Broadband or otherwise) or other third party software or hardware. In the event such a product fails to operate in accordance with its specifications, or your expectations, you agree to look solely to the manufacturer of that equipment. In addition, Equipment maintenance does not include support or maintenance of any customer modifications, connections, or hardware connected to the Equipment.

9.0 INDEMNIFICATION

9.1 Upon Community Broadband's request, Member agrees to defend, indemnify and hold harmless Community Broadband and its affiliated companies from all liabilities, claims and expenses, including attorneys fees, that arise from breach of the Terms of Service by use of, or in connection with, the transmission of any content on Community Broadband or the Internet by or through Members accounts. Community Broadband reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member hereunder. In such event, Member shall have no further obligation to provide indemnification for such matter.

10.0 TERMINATION

10.1 Either you or Community Broadband may terminate your membership at any time. This is your sole right and remedy with respect to any dissatisfaction with Community Broadband, including, but not limited to, (1) any Terms of Service term, or policy or practice of Community Broadband or (2) any amount or type of fees, surcharges, or billing methods, or change therein. You can terminate your membership by delivering notice to Customer Service at 541-504-6600.

Your termination will take effect within a reasonable time after Community Broadband's receipt of your notice as described above. Early service termination fees or charges may apply if you are under any contract for equipment or services or to any 3rd parties.

10.2 If your account is terminated or canceled, no refund, including any membership fees, will be granted; no credits will be applied to you or can be converted to cash or other form of reimbursement. Members whose accounts Community Broadband has terminated may not access Community Broadband without prior express written permission. Active Community Broadband Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts must be concluded before you may re-subscribe to any services from Community Broadband.

10.3 In certain instances where Subscriber agrees to a service contract in exchange for a discount from Community Broadband, any offered, promised or negotiated discounts on services or equipment will be void if customer terminates before the stated contract term. The full price of the equipment or service will be charged to the customer in addition to any contract termination charge.

11.0 LAW

11.1 To the extent any conflict between this Agreement and the Policy exists, this Agreement shall take precedence. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. The laws of the State of Oregon govern the Terms of Service and your membership. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. Member conduct may be subject to other local, state, and national laws. Member expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of the State of Oregon. Member further agrees and expressly consents to the exercise of personal jurisdiction in the State of Oregon in connection with any dispute or claim involving Community Broadband.

11.2 You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to or through Community Broadband any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement.