This Agreement is between High Desert Internet Services
(HDISS) and _________r. This Agreement sets forth the
terms and conditions under which HDISS shall provide
Internet Access Services (hereinafter Service or
Services) to the Customer.

SECTION I

Terms of the Service

A. HDISS reserves the right to refuse service to
anyone.

B. Questions regarding this agreement must be in
writing via an email to: billing@hdiss.net

C. HDISS requires payment on date of installation
for labor charge plus prorated monthly charge from date
of install to next billing date.

D. Termination of Service: Two (2) weeks notice is
required and all equipment must be recovered before
monthly billing will be stopped and a final bill will
be issued.

HDISS! Reserves the right to update and change, from
time to time, these Additional Terms and all documents
incorporated by reference. You can always find the most
recent version of these Terms at http://www.hdiss.net.
and the most recent versions of the HDISS! Terms of
Service at the URL listed above.

1. Reasonable Use Policy

A. HDISS has established data transfer limits on
each of its Service Levels, that can be obtained by
emailing our office staff at info@hdiss.net.

B. Exceeding the data transfer limits set by HDISS
will result in surcharges equivalent to 1 US Dollar per
gigaByte over the limit in a monthly billing cycle.

2.

A. Billing and Collections
For all charges, including installation charges
and taxes, if applicable, HDISS will:
Send Customer an invoice, or bill the Customer’s credit
card.

a1. For all delinquent accounts, HDISS reserves the
right to run Credit Card on file for past due balances.
The antenna, radio, power supply and injector remain
the property of High Desert Internet Services and we
reserve the right to remove our equipment from the
outside of customer premise at any time deemed
necessary.

The first invoice for Service will include:
(1) the pro-rated charges for the remainder of the
current month, (2) the installation charge and any
materials purchased.
Invoices are due and payable in full upon receipt and
are past due 20 days after received.
Late payments must be approved by HDISS or forfeiture
of services will occur.

3.

a. Interruptions of Service
Customer understands and agrees that temporary
interruptions may occur due to normal and reasonable
events in the provision of the Service. HDISS agrees to
exercise reasonable care to prevent such occurrences.
Customer further understands and agrees that HDISS has
no control over third party networks Customer may
access in the use of the Service, and therefore, delays
and disruption of other network transmissions are
completely beyond the control of HDISS.

b. The Use of P2P applications on the High Desert
Network are Strictly Prohibited. Any user causing
interruptions in the High Desert Network as a result of
using P2P Applications will have their service shut off
and possible full Termination may result with NO
refunds or proration.
Limitation of Liability

A. HDISS shall make reasonable efforts to provide
continuous, uninterrupted, expedient, and error-free
Service to Customer. In no event shall HDISS be liable
to Customer or any other person for any special,
incidental, consequential, or punitive damages of any
kind, including without limitation, loss of profits,
and loss of income or cost of replacement services.

B. HDISS MAKES NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED THROUGH THE SERVICE, AND CUSTOMER UNDERSTANDS
AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED
ENTIRELY AT CUSTOMER’S OWN RISK. EMAIL SERVICE IS
LIMITED TO HDISS CUSTOMERS ONLY. ALL EMAIL PROCESSED BY
THE HDISS EMAIL SERVER MUST BE DOWNLOADED TO A DESKTOP
APPLICATION (i.e. Outlook Express). HDISS MAKES NO
WARRANTY REGARDING ANY EMAIL TRANSACTIONS PROCESS BY
THE HDISS EMAIL SERVER.OR MAKES ANY GUARANTEES
REGARDING EMAILS RETAINED ON THE HDISS EMAIL SERVER.

Cancellation and Termination

1. If Customer fails to pay any charge when due,
including but not limited to installation charges or
taxes, and such condition continues unheeded from the
date written notice is given, or if Customer fails to
perform or observe any other material term or condition
of this Agreement, or if Customer provides false or
inaccurate information which is required for the
provision of the Service or that which is necessary to
allow HDISS to bill Customer for the Service, and such
condition continues unheeded for ten days from the date
written notice is given, Customer shall be in default
and HDISS may terminate this Agreement. Upon such
termination by HDISS, Customer shall be liable for any
applicable charges.

2. If HDISS believes you have acted inconsistently
with the spirit or letter of the TOS or these any
additional terms, your HDISS account will be suspended
or cancelled immediately and all the information
contained within it will immediately become
inaccessible. HDISS! May, but has no duty to,
immediately terminate the Service if HDISS!, in its
sole discretion, concludes that you have provided false
information in connection with your account. HDISS!
accepts no liability for information that is deleted
due to termination.

3. Two (2) weeks notice and full recovery of all
equipment required before monthly charges will be
stopped and a final bill will be sent.

4.Upon termination of your Service, for whatever
reason, you must return all equipment, undamaged,
within five(5) calendar days to HDISS. If equipment is
not returned, or is returned damaged, you will be
charged for the value of the equipment

3.Modification of Terms and Conditions
This Agreement may be amended by mutual agreement of
the parties at anytime during the Agreement. No
amendment of this Agreement shall be valid unless in
writing and duly executed by both parties.

4.

A. Use Limitations

Nothing contained in this Agreement may be
construed to convey to Customer any interest, title, or
license in the user ID, electronic mail address,
Universal Resource Locator or domain name used by
Customer in connection with the Service.

B. HDISS reserves the right to suspend or terminate
Service to the Customer, or suspend or terminate any
user ID, electronic mail address, Universal Resource
Locator or domain name used by Customer in the event it
is used in a manner which (i) constitutes violation of
any law, regulation or tariff (including, without
limitation, copyright and intellectual property laws);
(ii) is defamatory, fraudulent, obscene or deceptive;
(iii) is intended to threaten, harass or intimidate;
(iv) tends to damage the name or reputation of HDISS.

C. Customer understands and agrees that any attempt
to break security, or to access an account which does
not belong to Customer, shall be considered a material
breach of this Agreement, and such breach may result in
suspension or termination of the Service. Customer
further agrees to immediately notify HDISS of (i) any
unauthorized use of Customers account and/or (ii) any
breach, or attempted breach, of security known to
Customer.

5.

A. Customer Responsibilities
Unless specified in an accepted Service Order,
which is executed pursuant to this Agreement, Customer
is solely responsible for provisioning, configuration
and maintenance of all customer premises equipment
(hardware and software), including, without limitation,
TCP/IP routers, CSU/DSU line interface units, primary
domain name servers, electronic mail servers, Netnews
servers and firewall or proxy servers. HDISS shall not
be responsible for delays in the provision of Service
resulting from incompatibility of such equipment, or
resulting from improper provisioning, configuration or
maintenance of such equipment.

6. General

A. If any portion of this Agreement is found to be
invalid or unenforceable, the parties agree that the
remaining portions shall remain in effect. The parties
further agree that in the event such invalid or
unenforceable portion is an essential part of this
Agreement, they will immediately begin negotiations for
a replacement.

B. Notices and other communications shall be
transmitted in writing by U.S. Mail postage prepaid and
shall be effective four days after the mailing date. To
HDISS: Billing Office PO Box 62228, Sunnyvale, CA
94088-2228. To Customer: As set forth below, or as
indicated in the Service Order.
EQUIPMENT ASSOCIATED WITH HDISS SERVICE

A. Title to Equipment provided by HDISS under this
Agreement shall not pass to the Customer. Equipment
provided by HDISS under this Agreement shall be the
sole owner of HDISS. In the event of supplied equipment
failure, HDISS will repair or replace the defective
equipment.

B. In the event of loss of Equipment, provided to
Customer under this Agreement, the replacement cost
will be passed to the customer. (Approximately $500.00
wholesale value)

C. HDISS retains the right to enter customers
property to recover HDISS owned equipment.
INSTALLATION OF EQUIPMENT

A. In the event HDISS provides on-site installation
of Equipment provided pursuant to this Agreement,
Customer shall provide reasonable access to Customers
premises, and adequate communications facilities and
work space, to enable HDISS to perform its obligations
under this Agreement. Customer shall make premises free
from all hazardous material (e.g. asbestos) and
dangerous conditions prior to performance of work by
HDISS.

B. This Service Agreement is in FULL effect upon
completion of installation.

C. Upon and after termination of service, the
customer is responsible for any alterations of the
structure for the purpose of providing the service to
the customer.
MAINTENANCE OF EQUIPMENT

A. If HDISS dispatches to the Customers site and is
not able to perform Maintenance Services on Equipment
provided pursuant to this Agreement due to lack of
access or other acts or omissions on the part of the
Customer, HDISS will bill and the Customer will
reimburse HDISS at current time and material rates.

B. If HDISS dispatches to the Customers site to
perform Maintenance Services on Equipment provided
pursuant to this Agreement and the trouble is not found
or the trouble is isolated to Equipment not covered by
this Agreement, HDISS will bill the Customer at current
time and material rates.
Disclaimers, Limitations of Liability and Indemnity

A. HDISS IS NOT RESPONSIBLE FOR PROVIDING SECURITY
SYSTEMS OR FIREWALLS FOR CUSTOMERS WEB SITE, AND SHALL
NOT BE LIABLE IN ANY WAY FOR ANY DIRECT OR
CONSEQUENTIAL LOSS, DAMAGE, EXPENESE, COST, OR CLAIM
WHATSOEVER IN THE EVENT CUSTOMERS WEB SITE IS MODIFIED,
TAMPERED WITH, BLOCKED, OR OTHERWISE AFFECTED BY ANY
ACTION OF ANY THIRD PARTY USERS OF THE SITE OR BY THIRD
PARTY ACCESS TO THE SITE OR BY REASON OF ITS CONNECTION
TO THE INTERNET.

B. Customers web site will be maintained on a
server deemed adequate for purposes of access to it by
third parties. Customer acknowledges that the server on
which its site will be maintained may also be used to
maintain the sites of the other customers of HDISS, and
that such shared use may affect the speed of access,
downloading speed, and capacity for simultaneous access
to Customers site. HDISS SHALL IN NO EVENT BE LIABLE
FOR ANY DIRECT OR CONSEQUENTIAL LOSS, DAMAGE, EXPENSE,
COST, OR CLAIM WHATSOEVER RESULTING FROM DELAYS IN
ACCESS, BLOCKAGE, DOWNTIME, OR OTHER SERVICE PROBLEMS
CAUSED BY USE OF THE SITE IN EXCESS OF THAT SPECIFIED
BY THE CUSTOMER.

C. HDISS shall have the right, but not the
obligation, to terminate all access to the site without
prior notice in the event HDISS determines that the
site contains material which is in violation of the Use
Limitations of this Agreement or HDISS Acceptable Use
Policy (located at http://www.hdiss.net) HDISS SHALL IN
NO EVENT BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL
LOSS, DAMAGE, EXPENSE, COST, OR CLAIM WHATSOEVER
RESULTING FROM THE UPLOADING OF CONTENT OR MATERIAL TO
THE WEB SITE BY CUSTOMER OR BY ANY THIRD PARTY.

D. Customer agrees to indemnify and save HDISS
harmless from all claims, losses, expenses, suits and
attorneys fees (collectively Liabilities) for damages
to or loss of any property and for liability, or loss
resulting for the assessment of any taxes, penalties,
interest, additions to tax, surcharges or other charges
(including reasonable attorney fees), which may in any
way arise out of or result from or in connection with
this Agreement. Customers use of the Bandwidth Service,
except to the extent those liabilities arise from the
active negligence or willful misconduct of the other.
Customer further agrees to indemnify and save HDISS
harmless from all claims, losses, taxes, fees, liens,
expenses, suits and attorneys fees (collectively Tax
Liabilities) resulting from or in connection with
Customers delay or failure to pay and tax, fee or
assessment, or Customers failure to file any tax return
or other tax information, as required by law.

 
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