Subscriber Agreement

This is a legally binding contract and by using the company's equipment and services you agree to be bound by its terms and conditions.

1. Definitions

''The Company'' means Mississippi Delta Wireless ''The Subscriber or Client'' refers to an individual, corporation, or legal entity who incurs usage charges for the Company Services for its own use or who incurs such charges on behalf of a third party user.

2. Contract for Dedicated Wireless Internet Access

 This Wireless Dedicated Internet Access Contract (the ''contract'') is entered into this _____ day of _______ between Mississippi Delta Wireless ("Company''), and ______________________ (subscriber)

3. Mississippi Delta Wireless will provide dedicated connection(s) to the internet from company's closest Point of Presence (POP).

Plan : Subscriber shall pay the company's minimum term of 36 months. Plus any applicable tax for the monthly service usage fee. The following checked box indicates the plan option chosen to implement service.

Service is limited to one residential or business address.  No sharing of internet service is allowed.

Monthly service usage fee is charged on a prepaid monthly basis on the 1st day of each month.

4. Term and Termination

The term of this agreement is for thirty-six (36) months.  This agreement will automatically default to a month-to-month term after the end of the initial term unless you notify MDW, in writing at least thirty (30) days in advance of the expiration of your then current term that you intend to cancel the service.  MDW guarantees the price of the service during the initial contact period.  Prices for MDW services may change at any time upon 30 days notice to any month to monthly customer.  Subscriber may terminate this agreement upon thirty days advance, online or written notice.

Charge for returned check or rejected credit card is $ 25.00.  The above charges shall not exceed the highest amount permitted by law.  There will be no refund of the prepaid monthly service fee for the month in which service was terminated.  If service is discontunued by the subscriber prior to the 24 month period ending, then subscriber shall pay the company the sum of $ 600.00 less the additinal charges paid (excluding installation charges).  The subscriber authorizes the company to bill subscribers credit card or bank account for the amount owed to the company.  Subscriber may terminate this agreement without any penalty after the twenty-four months or within the first 30 days.

5. Indemnification

Subscriber and User shall indemnify and hold harmless, the Company, its agents and employees from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys' fees) to third parties, relating to or arising from the use of the service by Subscriber, User, or any of their
personnel, whether or not Subscriber or User has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, an invasion of privacy, infringement of copyright, patent infringement (where Subscriber or User has used, connected, or combined the service
with the products or services of others), negligence, breech of security, or tortious behavior. Subscriber agrees to indemnify the Company along with any parties from whom the Company obtains network services, and to hold them harmless from any claims resulting from the use of the service by
Subscriber or its users that damage another party or that violates the law.

6. Limitatin of Liability

A. COMPANY SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF
EQUIPMENT OR SERVICES NOT PROVIDED BY COMPANY, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF COMPANY, NOR SHALL COMPANY BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER'S OR ITS USERS' EQUIPMENT. SUBSCRIBER AND USER HEREBY RELEASE COMPANY FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. COMPANY'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS
REASONABLE CONTROL. COMPANY SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER'S OR ITS USERS' EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF COMPANY FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. COMPANY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

B. Company in not responsible or liable for any of the following:

Any obstruction(s) that might be erected or grow between my antenna and THE COMPANY causing degradation or loss of service. Debris or Ice on an Antenna.

Re-aiming the antenna later than 14 days after installation

Installing hardware and/or software in a different computer after initial installation

Reconfiguration of network settings due to, but not limited to: tampering, reinstallation of operating system, accidental removal, moving the hardware

7. Use of Service

A. Subscriber shall insure that its users shall comply with the terms and conditions of this agreement.
B. Subscriber and its users shall not use or permit its end users to use the services in ways that violate laws, infringe the rights of others, interfere with users of our service or other service networks.
Subscriber is responsible for the knowledge of and adherence to any and all laws, statutes and regulations pertaining to or in any way connected with the services provided by the Company and all use of any information, data, material or service in violation of any such law, etc., is strictly prohibited.

C. By posting information in or otherwise using any communications service, chat room, message board, news group, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other
information -- that:

1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive o1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Company's rules or policies;

2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnic, age, or disability;

3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as ''spamming''), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or other information of any third party;

6. Impersonates any person or entity, including any employee or representative of the Company.  You further agree that you will not knowingly solicit or collect personal information from a minor without appropriate prior verifiable parental consent.  Company generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, news groups, software libraries, or other interactive services that may be available on or through this site.  However, Company and its agents have the right at their sole discretion to remove any content that, in Company's judgment, does not comply with these rules or is otherwise harmful, objectionable, or inaccurate. Company is not responsible for any failure or delay in removing such content.

D. Subscribers rights herein granted, cannot be transferred, assigned, shared, sold, or used by anyone other than the Subscriber. No more than one connection to the services provided by Company, can be used at any time by the Subscriber on any system account.

E. Subscriber and/or users shall not establish Internet servers of any kind, including without limitation, Web, E-Mail, games, FTP, or the like, without prior written authorization and pricing agreement from the Company.

Disclaimers of Warranties.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, EQUIPMENT, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY (THE
''CONTENT'') ARE PROVIDED ''AS IS'' AND ''AS AVAILABLE'' FOR YOUR USE. THE
CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE COMPANY AND ITS LICENSORS, AGENTS AND EMPLOYEES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR SECURE. THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SYSTEM IS SOLELY AT YOUR RISK. Mississippi Delta Wireless, LLC makes no warranties or representations of any kind, whether expressed Or implied, for the services, advice, or products provided to Member, other than the
specific written warranty per item in price quotes and/or invoices.

Broadband Availability

Company reserves the right to establish and enforce usage limits limiting the speed of uploads and downloads of any kind and in all protocols, including without limitation, file downloads (FTP's), web browsing, etc., if usage is deemed excessive for grade of service. Types of service plans offered will be detailed on our website at www.msdeltawireless.com. If monitored usage exceeds subscribers current best effort plan, subscriber will be required to upgrade to a higher grade of service. If subscriber declines such upgrade then the company reserves the right to terminate service without notification.

 10. Routine maintenance and periodic system repairs, upgrades and reconfiguration, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. As a result, THE COMPANY does not guarantee continuous
or uninterrupted service and reserves the right from time to time to temporarily reduce or suspend service without notice. Client shall indemnify and hold THE COMPANY and it's directors, officers, employees, and agents harmless from any and all obligations, charges claims, liabilities, and fees incurred as the result of interruptions or omissions of service.

11. THE COMPANY reserves the right to, from time to time, monitor Client's activity. Upon the occurrence of a default by Client of any provision hereunder, THE COMPANY reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and the services to Client thereunder.

12. Client shall indemnify THE COMPANY, it's affiliates, officers, directors, licensees, and licensers from any and all claims and expenses, including, without limitation, reasonable attorney's fees arising from Client breach of any provision of this Agreement.

13. This Agreement is deemed to be entered into the State of Mississippi and the parties agree that any dispute arising under this Agreement shall have it's venue in Sharkey County Mississippi and any such dispute shall be governed by and constructed in accordance with the laws of the State of Mississippi.

14. THE COMPANY may assign this Agreement without Client's prior consent and all of THE COMPANY'S rights, title, and interest herein shall inure to the benefit of such assignee, it's successors and assigns. This Agreement shall not be assignable by Client except with the written consent of THE COMPANY. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

15. Neither party shall disclose any of the terms and conditions of this Agreement without prior written consent of the other, provided, however, in any of it's sales and marketing materials, THE COMPANY may refer to Client as it's customer.

16. By signing this agreement you allow the Company to transmit recurring monthly service charges on the 1st of each month to the credit card number provided by subscriber or bank account.

17.The Company may modify these erms and conditions upon written notice published on it's website. Client's continued use of service after such notice shall constitute Subscriber's acceptance of modification of this Contract implied in fact.

18. If any one of the paragraphs in the Agreement is found to be unenforceable or invalid, User's and Mississippi Delta Wireless agreement on all other paragraphs is not affected.

19. This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby and superseded any other prior or simultaneous agreement related to such matters.