Wireless Internet Service Agreement

REVISED: January 2006

This document contains the entire agreement between Guacamole Press, LLC (dba Yolo Wireless Internet) and you, the Customer, and no salesperson, installer, customer service representative, authorized retailer, reseller, or other similarly situated individual is authorized to change the terms set forth herein. Guacamole Press may, however, change the terms and conditions of this Agreement in the future and will notify you if that occurs. The terms of this Agreement, which either are expressly stated to survive or by their nature would logically be expected to survive termination, shall continue thereafter until fully performed. The validity, interpretation, enforceability and performance of this agreement shall be governed by and construed in accordance with the laws of the State of California.

Wireless Services: the term "Services” shall mean the wireless Internet access made available and any other wireless services that Guacamole Press, LLC (“Guacamole Press”) may provide to customers either now or in the future. Service is considered established by achieving connectivity to Guacamole Press’s installed Customer Premise Equipment (CPE). You may not rebroadcast, transmit, share, trade, transfer, etc. your service with another site (residence, business, etc.) without our express, written consent. If we later determine that you utilized your wireless Internet access equipment (including any additional receivers) or sold, leased or otherwise gave possession of the same to a third party who you knew or reasonably should have known intended to use it to permit the access of the Services in a residential or commercial establishment or any other area open to the public, we may terminate the Services and in addition to all other applicable fees, you agree to pay us the difference between the price actually paid for Services and the full commercial rate for such Services, regardless of whether we have or had the commercial rights to such Services. The payment of that amount and/or the termination of Services shall not prejudice our ability to exercise any other rights and remedies we may have under this Agreement, at law, in equity, or otherwise.

Equipment Use and Responsibility: in order to receive the Service it will be necessary for you to purchase or lease (depending on plan availability and choice) an approved CPE from Guacamole Press or a third-party vendor. Equipment purchased from third-party vendors must be pre-approved by Guacamole Press to ensure compatibility with the network. The Customer is responsible for the safety and security of the wireless equipment. Should leased equipment be stolen or damaged, the customer will be required to pay for applicable equipment replacement and installation costs beyond that of “normal” wear and tear. The Customer is advised not to move or tamper with the Service and equipment once the installation is completed. Line-of-sight to the signal transmitters (towers or relays) must be maintained. Your CPE contains certain components and software which are proprietary to Guacamole Press and/or its vendors. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within your wireless equipment. Such actions are strictly prohibited and may result in the termination of your Services and/or legal action. Guacamole Press warrants that your wireless equipment purchased through us is free of defects in material and workmanship for a period of one year after initial purchase, or for the term of your contract (if leasing the equipment). Guacamole Press does not extend or modify its warranty period as a result of repair or replacement. Guacamole Press reserves the right to void a warranty and/or make reasonable changes for repair of a unit if the warranty seal is broken or the unit displays evidence of misuse, abuse, or tampering. Whether you use one of our routers or your own, Yolo Wireless requires access to the router for tech support, firmware updating, etc. Remote Management must be turned on and our office must have a record of your login.

Changes in or Cancellation of Services: except as otherwise set forth in this Agreement, you may change your Service (upgrade or downgrade) at any time by notifying us. A fee may apply to such changes. You have the right to cancel your Service for any reason at any time after your agreed term of Service is complete. There will be no penalty or other fees imposed for cancellation of Service which occurs after your agreed term of Service. Your subscription will be automatically renewed on a month-to-month basis unless you contact us to cancel. Early cancellation of Service will result in a final billing equal to the amount owing for the balance of the initial commitment term. Equipment purchased up-front is owned/retained by the customer, whereas leased equipment is owned/retained by Guacamole Press and must be returned upon cancellation of service or a $300 equipment charge will be applied to your final bill.

Termination or Suspension of Services: Guacamole Press has the right to terminate your Services at any time without providing notice to you if: (1) your account is 30 days past-due; (2) we receive confirmation that you have received the Services, or any part of the Services without paying for them; or (3) you otherwise violate the terms of this Agreement. If your Service is cancelled for any reason, you are still responsible for payment of all outstanding balances accrued, including any applicable fees. A service reconnect fee may be due if an account is suspended for any reason.

Billing Policy: unless you prepay for a six (6) month subscription for Services, Guacamole Press will bill your credit card each month, in advance, for Services (and leased equipment, if applicable) until you cancel the Services. Accounts unpaid 30 days after due date are in default and will be disconnected. In order for Services to be restored, all past due charges, a reconnect fee, and a deposit equal to a minimum of one (1) month’s charges must be paid. Termination of Service to any account in default does not relieve Customer of the obligation to pay past due amounts or the monthly fees for the Services under the agreed initial term of Service. The Customer hereby authorizes Guacamole Press to charge the Customer’s credit card on file for any outstanding balances owed. If the Customer’s credit card is not sufficient to recoup costs, Customer agrees to pay though other means in order to satisfy the debt. If we use a collection agency or attorney to collect money owed, Customer agrees to pay all reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, attorney's fees and court costs.

Acceptable Use Policy: Guacamole Press supports the free flow of information and ideas over the Internet and does not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our Service Agreement, we may remove any materials that, in our sole discretion, may be illegal or may subject us to liability. Guacamole Press may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. The following constitute violations of this policy:

a. Illegal Use. Using the Services to transmit any material (by email, uploading, posting or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

b. Harm to Minors. Using the Services to harm, or attempt to harm, minors in any way.

c. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

d. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

e. Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes" and "chain letters."

f. Forgery or Impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.

g. Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
h. Unauthorized Access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Guacamole Press's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

i. Copyright or Trademark Infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

j. Collection of Personal Data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

k. Reselling the Services. Reselling the Services without Guacamole Press's authorization is prohibited.

l. Network Disruptions and Unfriendly Activity. Using the Services for any activity which adversely affects the ability of other people or systems to use Guacamole Press Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Customer’s responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

Privacy Policy: when you browse the Internet, you browse anonymously. Guacamole Press routinely collects information about your connection speed, quality of service, up-time availability and other technical information related to your Internet performance. Under normal circumstances, Guacamole Press does not monitor, store or share information about websites visited, files downloaded, e-mails sent or received. Guacamole Press may disclose or access account information when we believe, in good faith, that the law requires it, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Agreement.

Limitations of Liability: Guacamole press shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, which may include any Acts of God, fires, earthquakes, floods, power or technical failure, acts of any governmental body, labor disputes, changes in law, regulation or government policy, riots, war, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or any other cause beyond our control. Guacamole Press assumes no liability for performance degradation due to line-of-site impedance or obstructions, radio-frequency (RF) interference, or natural or man-made obstacles. Guacamole Press assumes no liability for loss of data, revenue or other circumstances resulting from delays, non-deliveries, misdeliveries or Service interruptions. Guacamole Press will not be held responsible for any damages that may occur to any other equipment or property, or any other consequential or incidental damages of any kind, whether based on contact, negligence, or strict liability.