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Subscriber Agreement Last Updated: November 25, 2007 OWNERSHIP LOSS OR DAMAGE LIABILITY CONTRACT TERM TERMINATION 30-DAY SATISFACTION GUARANTEE MISCELLANEOUS SUBSCRIBER AGREEMENT OWNERSHIP:  The equipment installed by NOVA Wireless at the customer’s location is the property of the customer. It is the customer’s responsibility, and expressly not NOVA Wireless’ responsibility, to provide any User desired grounding and lightning protection devices for the customer’s antenna, radio, and computer equipment. NOVA Wireless specifically recommends the use of a "UPS" surge protector by all customers located in exposed areas that have significant thunderstorm and lightning activity at anytime during the year. LOSS OR DAMAGE:  The customer premise equipment provided by NOVA Wireless carries the standard manufacturers’ warranties against manufacturing defects. NOVA Wireless makes no other warranties or guarantees, expressed or implied, for the antenna, radio, or User’s computer equipment. LIABILITY:  NOVA Wireless and any service reseller assume no liability associated with the use of our service, equipment, or the installation process. This includes, but is not limited to, attached computer equipment and user data. The service requires a fixed wireless base system, which needs unobstructed line of sight between the customer's antenna and NOVA Wireless’ tower site to operate properly. NOVA Wireless is expressly not responsible for or liable for any damages to the antenna, radio, computer, networking equipment or any other damages caused by electrical outages and overloads, or by severe weather, lightning, or other acts of God. Local conditions, such as my distance from NOVA Wireless’ equipment, User’s computer configuration and other Internet traffic, will affect the performance of User’s Internet connection. NOVA Wireless reserves the right to limit wireless bandwidth utilization and the size of incoming and outgoing emails pursuant to its Acceptable Use Policy. NOVA Wireless will not be held liable for any loss or other damage that is incurred because of any failure in service or because of any defect in any equipment, whether that equipment be supplied by NOVA Wireless or by someone else, or because of any failure in the performance of that equipment. NOVA Wireless reserves the right to refuse any residential or commercial wireless Internet access and equipment contract. Customer agrees to waive any and all claims against NOVA Wireless and any shareholders, manager, officer or employee of NOVA Wireless for any act or omission by that person in the performance of this agreement, including but not limited to all claims based on implied warranties of merchantability and fitness for a particular purpose, and all damages, whether direct, indirect, consequential or otherwise. CONTRACT TERM:  The initial term of this contract extends for a term of 1 year, at the minimum monthly rate of $39.95 for a residential account and $79.95 for a business account. Higher levels of service are available for higher monthly rates which can be upgraded at any time without penalty or changing the term length of this contract. After the initial term, NOVA Wireless at its sole discretion may increase or decrease the service rates for any renewal. New rates are effective at the beginning of the next billing cycle. All services automatically renew for equal periods unless NOVA Wireless receives written notice at least thirty (30) days prior to the expiration of the then current term. Cancellation of service will be effective on the last day of the current billing cycle. TERMINATION:  If at any time the customer fails to make timely payments to NOVA Wireless or fail to perform any obligation under this agreement, NOVA Wireless, in addition to all other rights and remedies, may terminate this agreement, terminate Internet access, recover any payments incurred by charging the customer’s credit card or by other means, recover from the customer the total monthly fees remaining on the customer’s contract, and collect from the customer all costs incurred in enforcing the terms of this agreement. 30-DAY SATISFACTION GUARANTEE:  If, for any reason, you decide within thirty (30) days of the installation completion date that you are not happy with our wireless high-speed Internet service, we will cancel your service agreement with no further obligation to you. (Your first month's service and $200 of the installation fee is not refundable.) If service is cancelled after the first thirty (30) days but before the end of the commitment period a $200 early termination fee applies and all of the installation fee is non-refundable. MISCELLANEOUS:  You agree that: this Agreement and your use of this Service shall be governed by the laws of the Commonwealth of Virginia, without regard to conflicts of laws principles, and NOVA Wireless shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be the federal and state courts in the Commonwealth of Virginia in Fairfax County, and you agree that such courts will have personal jurisdiction over you in such matters. You agree that this Agreement is solely between you and the owner/operator of this service. You agree that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to this Agreement or this Service shall be solely against the owner/operator that is providing this Service to you by NOVA Wireless, and not any other party. Further, you agree that any action you bring that arises from or relates to this Service must be initiated within one year from the relevant date of your access to this Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision and the remainder of this Agreement will continue to have legal effect. You agree that any notices given by you to NOVA Wireless must be given by registered postal mail to NOVA Wireless at: P.O. Box 222474, Chantilly, VA 20153-2474. SUBSCRIBER AGREEMENT:  By having NOVA Wireless install equipment at your home or business in order to subscribe to our high speed Internet Service, you agree to this Subscriber Agreement. Home | Services | Installation | Technical Support | About Us | Contact Us © 2007 NOVA Wireless - All rights reserved.