Seattle's Best Internet, LLC. d.b.a. CondoInternet.net
Terms and Conditions for Delivery of Service

The terms and conditions in this agreement ("Agreement") shall govern the services Seattle's Best Internet, LLC. D.B.A. CondoInternet.net ("CondoNet") has contracted to provide to you under the Service Order Form ("Order Form") executed by you. You understand that CondoNet may change these Terms and Conditions at any time in its sole discretion. Any such change is effective immediately upon it being posted on the CondoNet website or delivery of any other notice to you. Continued use of the Services after such change becomes effective constitutes your agreement and acceptance of the change. Upon notice of any material change in these Terms and Conditions pertaining to the cost or quality of Services you may immediately terminate the Agreement.

Term. The initial term ("Initial Term") of this Agreement commences on the date the order for service was placed and shall continue until the end of the Service Term as defined on the Order Form. After expiration of the Initial Term, this Agreement shall automatically renew on a month to month basis ("Renewal Term") unless written notice is given by either party at least thirty (30) days prior to the intended disconnection date.

Service. CondoNet agrees to provide you services as specified on the Order Form for the Term of this agreement. CondoNet agrees to provide its services to you from the point at which CondoNet's network connects to your network, hereafter referred to as the "DEMARC", this "DEMARC" may or may not be located on your premises but will always have the unified characteristic of being dedicated exclusively to a single party which is you. CondoNet will provide all equipment ("Equipment") and installation services up to and including your "DEMARC" point, but will not be responsible for configuration beyond the "DEMARC."

Connection Speeds. You have been advised and understand that CondoNet's service relies on and is limited by the inherent shared nature of the Internet and that CondoNet will use its actual best efforts to provide you with the highest speed at which data will pass through networks controlled by third-parties reasonably available. CondoNet's service is delivered to the customer via a 100baseT Ethernet connection, 1000baseT Ethernet connection, or vDSL2 connection. Due to overhead in Ethernet connections, vDSL2 connections, customer DEMARC, Internet protocols, customer's network hardware, or customer's computer hardware and software, connection speeds will not test at the full line speed.

Customer Equipment Configuration. It is understood that under the terms of this Agreement, CondoNet is under no obligation to configure any of your equipment. All configurations of your equipment, including router configurations, computer configuration, and the like are your sole responsibility. At its discretion CondoNet may, but is not required to, assist you in configuring your equipment to utilize CondoNet's service. Any assistance which CondoNet may provide is without warranty of any kind and in consideration for such assistance, you expressly waive any and all claims against CondoNet which may arise from such assistance.

Invoicing. You agree to timely pay all fees and other charges billed to your account. Services will be billed by CondoNet in advance on the first day (1st) of the month in the month prior to which the service is to be used. The invoice on the first of the month will include any base service charges for the following month in which it is billed along with any additional charges above the customer's base service charges in the previous month. Payment is due by the first day of the month in which service is to be used. If the customer chooses to pay their invoices automatically each month with a credit card the customer herby authorizes CondoNet to charge all fees to the customer's supplied credit card. Credit card charges are posted three (3) days prior to the due date on the invoice and will appear on the bill as CondoInternet or Seattle's Best Internet LLC.

Late Fees and Non-Payment. In the event CondoNet does not receive payment in full by the due date on the invoice, the following will be charged to your account: A service late fee equal to 10% of the outstanding account balance; and interest on the outstanding balance due CondoNet at the rate of 1.5% per month. CondoNet reserves the right to temporarily or permanently suspend service in the event a customer's account is past due. Service will not be re-established for you without receiving the payment of all arrears and a one hundred fifty dollar ($150.00) reactivation fee.

First Month Base Service and Activation Fees. You are required to provide CondoNet with your first month's base service charge and activation fees, as set forth in the Order Form, at execution of the Order Form. CondoNet will not provide any service until such fees have been paid in full.

Equipment. You acknowledge and agree that: (i) CondoNet is the owner of all Equipment and intellectual property rights related to CondoNet's services to be delivered to you pursuant to this Agreement; and (ii) CondoNet has not granted you any rights or licenses to such Equipment or intellectual property except as contained in this Agreement. In exchange for the use of such equipment, you accept full responsibility for Equipment located on your premises and agrees to pay the full replacement cost for any Equipment that is lost, stolen, damaged, sold, transferred or in any other way not returned in working order to CondoNet upon termination of this Agreement.

Access to Equipment. By executing the Order Form, you agree to allow CondoNet personnel, and independent contractors acting on behalf of CondoNet, reasonable access to your premises for the purpose of installing, repairing, and removing CondoNet Equipment. In the event your premises are leased from a third party, you also agree that you have obtained appropriate authorization from your landlord for (i) the placement of Equipment on your premises and (ii) reasonable access to CondoNet personnel and independent contractors to install, repair, and remove Equipment.

Use and Abuse of Services. You understand and agree that services provided to you by CondoNet may only be used for lawful purposes; that the you are fully responsible for any data or traffic originating from your customer IP connections; and to assist CondoNet in investigating all uses not permitted by this Agreement ("Abuses") which CondoNet believes have originated from the your customer IP connections. Abuses include, but are not limited to (i) transmission of unsolicited bulk email ("SPAM"), (ii) transmissions from computers involved in DOS and dDOS attacks, IRC bots, (iii) "Hacking" activity and (iv) copy write infringement (v) any other activity which is generally defined by the global internet community as malicious. CondoNet reserves the right to terminate your service immediately for any Abuse of Services.

Maintenance. CondoNet reserves the right to interrupt service for routine maintenance at such times as may be reasonably necessary. You agree that CondoNet will not be liable to you for any consequences of any interruptions to the service, which may render you unable to access the Internet.

Force Majeure. You acknowledge that CondoNet's ability to provide its services may be impeded by events or actions outside of CondoNet's reasonable control, including, without limitation, acts of God, floods, fires, hurricanes, earthquakes, acts of war, labor actions, failure of third party suppliers, changes in applicable laws and regulations, or any similar action or event ("Force Majeure"). You agree that In the event of a Force Majeure, CondoNet shall not be responsible for any failure to provide service and CondoNet agrees that in such an event you will not be liable for payment of the fees otherwise due under this Agreement.

Termination of Services. You are entitled to terminate this Agreement at any time upon thirty (30) days advance notice. Termination notice must be sent to CondoNet via US Post or email and will be effective on the third day following any such notice. Any unpaid amount shall be subject to interest at the rate of 1.5% per month if not fully paid within thirty (30) days. You understand and agree that CondoNet may terminate this Agreement at any time with written notice delivered to you via US Post or email thirty (30) days prior to termination which notice will be effective on the third day following any such mailing. Cancellation of this Agreement by CondoNet will not affect your continuing responsibility for any and all fees relating to your account prior to the date of termination. Termination of service by CondoNet due to your abuse of service is not subject to thirty (30) days advanced notice.

Indemnification and Liability Release. You and your agents, successors and/or assignees expressly agree to indemnify and release CondoNet, its affiliates, subcontractors, suppliers, agents, employees, successors and assignees from any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to the installation and/or use of CondoNet's services and/or Equipment. Furthermore You and your agents, successors and/or assigns releases CondoNet from any liability resulting from use of content on the internet or any other network to which CondoNet connects but is not in control of.

Warranty Limitations. CondoNet warrants only that it shall, subject to the terms and conditions of this Agreement, provide you with the service contracted for. YOU AGREE THAT THE SERVICE AND EQUIPMENT ARE BEING PROVIDED "AS AVAILABLE" AND "AS IS," WITH ALL FAULTS ACCEPTED. CONDONET MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONDONET MAKES NO WARRANTIES WITH RESPECT TO (i) THE EQUIPMENT, OR (ii) THE SERVICES PROVIDED BY ANY THIRD PARTY. CONDONET SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT, EVEN IF THE CONDONET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE CONDONET'S AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF FEES PAID OR PAYABLE TO CONDONET IN ANY SINGLE MONTH UNDER THIS AGREEMENT.

Entire Agreement. This Agreement, the Order Form, the SLA and any exhibits, addenda and/or amendments executed by both parties, shall constitute the entire understanding of the parties related to the subject matter hereof. In the event of any conflict between either: (a) the Order Form and this Agreement; and/or (b) any Customer purchase order, the Order Form and this Agreement, the terms and conditions of this Agreement shall control.

Arbitration. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Washington and the United States of America, without regard to their principles of conflicts of law. You agree that any legal action or proceeding relating to your use of our website shall be settled totally and finally by arbitration in King County, Washington or such other location as the Company prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. If you file a claim or counterclaim against CondoNet, you shall do so on an individual basis and not with any other person or party or as part of a class action. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to receive from the losing party costs and expenses of arbitration, including legal filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement.

No Waiver. The failure of either party at any time to enforce any right or remedy available to it under the Order Form, this Agreement, or the SLA with respect to any breach or failure by either party shall not be construed to be a waiver as such right or remedy with respect to any other breach or failure by either party.

Attorney's Fees and Cost of Collection. In any dispute whether or not suit is filed including but limited to costs incurred prior to any action, during said action and appeal and collection of any judgment of said action arising out of this Agreement, the substantially prevailing party shall be entitled to an award of its reasonable attorneys' fees and other costs incurred therein.

IP Address Allocation. All IP address allocations are made based on established standards as defined by ARIN, the American Registry for Internet Numbers. CondoNet makes allocations based on these reasonable standards and reserves the right to request justification for IP address assignments equal to or larger than a /29 subnet (8 addresses) of globally routable IP addresses. Such justifications may require a host-count and/or a plan network map to be provided to CondoNet prior to the allocation of IP address resources.