For the purposes of this agreement, “We”, “Us”, “Our” and “Firefly Networks” shall apply to the service provider Firefly Networks Inc., and its High Speed Internet service. “You”, “Your” and “User” shall apply to Customers subscribing to and using the Firefly Networks service.

User Responsibility - While using the service, you may not post, transmit, or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the service or the Internet.

Computer Connections – You may connect as many computers as you wish to the service provided that they are all physically located within the street address specified in your customer agreement. You may not provide a connection or Internet access to any individuals or any business entities beyond the street address specified in your customer contract. Furthermore, you may not resell the service in any way shape or form. Firefly Networks reserves the right to immediately disconnect the service should a violation of this nature occur.

Usage – Fair Access Policy (FAP) - At this time, there are no usage limitations, however Firefly Networks reserves the right to impose usage limitations or terminate this contract and disconnect the service should your usage of the service become excessive. Frequent downloading of full length movies (for example) will tie up the system and will negatively impact the service for others. Consider that the service is “shared”. If large amounts of data are downloaded consideration should be given to the time of the day the downloads are initiated. Firefly’s service is not designed to support the end user hosting a web server. Hosting a web server or providing any “server” functions is not permitted. Please contact us for more information or clarification on this.

Fees - You agree to pay all charges and applicable taxes incurred with the provisioning and connection of the said service. By signing the Service Agreement form you authorize Firefly to charge monthly service fees to the credit card and if authorized the service installation costs identified on the initial invoice. If you wish to terminate the service before the agreement term is complete (12 months), you must notify Firefly. Firefly would consider purchasing the used equipment as installed. You agree to provide reasonable access for Firefly to remove the equipment if an agreement is reached. All invoices that are not paid in full when due will bear interest at a rate of 1.0% per month, 12% per year.

Provision of Service - The service is provided “as is” and “as available”, without warranty of any kind. Firefly’s network is only a “transport” onto the internet. Firefly guarantees its best efforts to provide uninterrupted service however, neither Firefly nor its affiliates warrant the uninterrupted use or operation of the service or any deliverable provided under this agreement. Further, Firefly Networks can not warrant that any data or files sent by or to you over the wireless network will be transmitted in uncorrupted form or that any content or material accessible through the service is free of viruses or other harmful components, or will not be subject to caching at intermediate locations on the Internet. Firefly Networks can not be responsible for temporary interruption of services (whether due to utility service breakdown, excessive user, mechanical breakdown or other reasons) and the User will not be entitled to any refund for any such temporary interruptions so long as Firefly Networks is actively trying to correct the problem.
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Connection Speeds – You acknowledge that the connection speeds advertised and contained within your customer agreement are guidelines only and that for a myriad of reasons, your connection speed at any given time may fall below or exceed the advertised limit.

Security - You acknowledge that Firefly has made every attempt to provide a secure network. You also acknowledge that your messages could be subject of unauthorized attempts by unauthorized third party interception while you use the service. You assume full responsibility for the establishment of appropriate security measures within the confines of your home or place of business to control access to the products and information transmitted by you. Any detriment that is caused to the network as result of a failure to properly secure your computer system may result in the termination of your service.

Liability - Firefly has constructed a wireless network in rural areas to provide hi-speed access for the benefit of the end user. This service is simply a “transport” or a conduit onto the World Wide Web. Under no circumstances shall Firefly Networks or its affiliates or agents be liable to you or any third party for: Any direct, indirect, special or consequential damages, including loss of profits and loss of business opportunities, that result in any way from this Agreement, including your use of the service or access to the Internet, or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance, OR any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the service by you, or any other third party through your account infringes the intellectual property rights or contractual rights of any third party.

Equipment - You acknowledge that all equipment supplied to you including radio modems, antennas and installation material is provided for use solely by the user and only in connection with the services obtained from Firefly Networks. If purchased, the equipment is owned by you immediately after installation is complete. The equipment manufacturer provides a 6 month warranty. If rented, the equipment remains the property of Firefly Networks, until the rental term is complete (24 months). After the rental term is complete the equipment will be owned by you. You may not mortgage, sell, transfer, lease encumber or assign all or part of the Equipment to any third party without written consent of Firefly Networks. The User is fully responsible for any and all damages which may occur to the Equipment during the period that the equipment is in the User’s possession. Firefly Networks reserves the right to replace your equipment with alternative equipment from time to time as required. You agree to give Firefly Networks reasonable access to your property in order to make such changes.

Content - You acknowledge that some content available through our service may be offensive to you and others who access the service through your connection. You understand that Firefly Networks does not censor or monitor content. You accept total responsibility and risk for access or use of the Internet. Firefly Networks assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.

End Terms and Conditions for Firefly Networks High Speed Internet Service