Description of Service

Managed Wireless provides WiFi Internet access for guests, customers and employees throughout the facility. The design will employ a captive portal that requires users to accept a terms of service and may optionally provide a method for payment to access the network.  The managed components of the WiFi network may include wireless controllers, wireless access points (APs), ethernet switches and the appropriate cabling.  Remote configuration, monitoring and troubleshooting from our Network Operations Center (NOC) provide reliability, as well as, a central point of contact.

Term

Orders for Service submitted will have a Minimum Term as set forth in that order. After expiration of the initial term as stated on the Enterprise Managed WiFi Order for Service, the Order shall automatically renew at the current contract rate for twelve (12) month periods unless either party terminates this Order by providing thirty (30) days advance written and/or verbal notice of termination to the other party prior to the expiration of the then-current term. Notwithstanding the foregoing, Independents Fiber Network reserves the right to adjust rates at any time after the expiration of the initial term upon sixty (60) days prior written notice to Customer, during which time Customer shall have the right to terminate the Order, without incurring termination charges, if Customer does not agree to stated rate adjustment. In the event Customer does not provide written and/or verbal notice of termination during the sixty (60) day period, Customer shall be deemed to accept the rate adjustment.

Definitions

Guest Internet Access – term used to identify a geographic location in which an access point is available for a computer, UMA phone or other WiFi enabled portable device to gain access to the Internet.

Private Wireless Access – described as providing wireless Internet access to a business and its employees utilizing embedded security to protect data traffic from outside threats. 2.3. End Users – the individuals who connect to the Guest Internet Access or to the Private Wireless Access

Services and Rates

Managed WiFi Service will be provided as specified on the Enterprise Managed WiFi Order for Service. The Order for Service, these Terms of Service, and Independents Fiber Network’s Customer Terms (found at http://ifnetwork.biz/legal) shall apply to this service.

Customer will be responsible for all taxes, surcharges, assessments or other charges (excluding taxes based on Independents Fiber Network’s net income) imposed upon or relating to the provision or use of the Managed WiFi Service.

Independents Fiber Network shall comply with all applicable laws, rules, regulations, ordinances, and codes (collectively, “Legal Requirements”) in connection with the provision of the Managed WiFi Service. Customer grants to Independents Fiber Network the right to provide certain WiFi 802.11b/g/n/ac telecommunications equipment and service at Customer’s location(s).

Independents Fiber Network General Responsibilities & Obligations

Independents Fiber Network will provide WiFi to a variety of customers and will customize its delivered services based on the requirements provided by each. The WiFi Services will vary based on customer engagement and will be itemized on the Order for Service. Generally, Independents Fiber Network will (a) monitor and manage wireless architecture, and work with customer to resolve connectivity issues as it pertains to Internet access; (b) follow-up on all appropriate tickets outside of accepted operating levels; and, (c) assign qualified resource(s) (e.g., having technical, process, and/or management experience) to perform the WiFi Services.

Customer General Responsibilities & Obligations

• Providing space and power for the placement of equipment in a suitable environment based upon equipment ratings
• All Customer Premises and/or Campus Infrastructure required to deliver service to the equipment
• Initial and Replacement Equipment cost, along with all – if any – maintenance costs
• All initial and on-going costs for providing Internet Access to the Premises

Equipment

Customer may purchase the Wireless Equipment necessary to support the WiFi Service from Independents Fiber Network. When equipment is purchased through Independents Fiber Network, Independents will take responsibility for ensuring that the equipment is acceptable for use in the Customer’s Environment. For customer-provided equipment, Independents Fiber Network will take no responsibility with respect to its acceptable use in Customer’s environment.

Failed Connectivity or Default Hardware

Independents Fiber Network will make every attempt to address any reported trouble in relation to failed Equipment or Customer reported issues with connectivity to the Internet via the installed WiFi network, as applicable. Internet service failure is not within the scope of the WiFi Service and must be resolved directly with the applicable Internet service provider, which may be Independents Fiber Network through a separate Service Agreement. Independents Fiber Network will work with a designated technical resource allocated by the customer to address any reported trouble of connectivity or device considered to be malfunctioning. Calls from guests are not supported by Independents Fiber Network. Independents Fiber Network makes no representations and assumes no liability for connectivity issues related to End User limitations, including but not limited to: connecting PC, Hardware (processor, RAM, hard drive), software applications running in the background on a device, web browser / browser plug-ins (Flash/Java), website / server limitations, or Independents Fiber Network’s “network” congestion.

Remedies

If Customer is dissatisfied with the WiFi Service or any of its terms, conditions, rules, policies, guidelines or practices, Customer’s sole and exclusive remedy is to terminate the Enterprise Managed WiFi Order for Service. Under no circumstance shall Independents Fiber Network be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from the: (i) installation of the Equipment and/or network cabling (ii) use of the WiFi Service or Customer’s ability to use the WiFi Service; (iii) access to the Internet or any part thereof; (iv) Customer’s reliance on or use of information, services or merchandise provided on or through the WiFi Service; or (v) mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance of the WiFi Service.

Customer Obligations; Acceptable Use / Prohibited Activities

Prior to requesting repair service from Independents Fiber Network, Customer will use its best efforts, including but not limited to performing reasonable diagnostic tests, to verify whether any trouble with the Service is a result of the Customer’s equipment or facilities. Customer shall be responsible for any such trouble resulting from the Customer’s equipment or facilities. Customer will cooperate with any joint testing of the Service reasonably requested by Independents Fiber Network. If the fault is found to be due to Customer equipment or network, charges may apply.

In the event Customer requests on-site support service, time and expense fees will apply in accordance with Independents Fiber Network’s then current rates and terms as set forth in its Customer Terms.

Customer must cooperate with reasonable Independents Fiber Network requests related to all initial or subsequent site surveys of Customer’s location(s), including, but not limited to, providing Independents Fiber Network with a drawing or site survey of its location(s). In the event a Customer does not cooperate with Independents Fiber Network’s reasonable requests related to site surveys, Customer understands and agrees to release Independents Fiber Network from any and all claims or liability related to the WiFi Service or the Equipment.

When using Independents Fiber Network-provided Internet access, engaging in any of the following activities is strictly prohibited: attempting to interfere with the Internet service, including, without limitation, by way of submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing” or “crashing,” the Internet service; and sending unsolicited e-mail, including promotions and/or advertising of products or services; Infringing upon any other intellectual property rights of others or on the privacy or publicity rights of others; and sending obscene, sexually explicit, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing messages and/or postings to any other person or entity or sending messages and/or postings in violation of applicable law(s); and illegal or unauthorized access to other computers or networks; and sending viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and facilitating a violation of these Terms of Use.

Termination Charges

In the event that Managed WiFi Service under the Order for Service is terminated by Customer for convenience or for reasons other than Independents Fiber Network’s breach of the Order for Service Terms prior to the expiration of the then-current Term, Customer will pay a termination charge equal to all remaining amounts due or to become due, including but not limited to all monthly charges for which Customer would have been responsible if Customer had not terminated prior to the expiration of the then-current Term.