Upward Access Terms of Service Agreement

I recognize that acceptance of this agreement does not obligate Upward Access, LLC to provide requested service. All speeds reflected on this contract represent a target speed, and service will be up to that speed. Upward Access, LLC's goal is to always provide at least the target speed, although this cannot be guaranteed. UPWARD ACCESS, LLC warrants to the Client, and only to the Client, subject to the limitations set forth in this agreement, that it will use its best efforts to maintain contracted throughput speeds and 24/7 access. Any down time greater then 24 hours within a 30 day period will be credited. That is the Client's sole and exclusive remedy for throughput failure. Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, restrictions imposed by law, acts of God, labor disputes and other situations, inluding mechanical or electronic breakdowns may result in temporary impairment or interruption of service. As a result, UPWARD ACCESS, LLC does not guarantee continuous or uninterrupted service and reserves the right from time to time to temporarily reduce or suspend service without notice. The Client releases UPWARD ACCESS, LLC and its directors, officers, employees, and agents from any and all obligations, charges claims, liabilities, costs and fees incurred as the result of interruptions or omissions of service.

Wireless Internet connectivity requires radio contact between the transmitter site and the clients antenna. Any obstruction between the transmitter and the Client's antenna may impede the signal. Because tree leaves hold water, they absorb the microwave signals, which may degrade or disrupt connectivity. Should that happen, UPWARD ACCESS, LLC agrees to work with the client to restore signal. This may include antenna or cabling upgrades and different placements. Cost, and liability for these adjustments will be determined prior to any work being performed. The customer releases Upward Access, LLC from liability for damage resulting from mounts, mounting screws, cabling, and cable routing.

Customer usage is not to exceed combined transfer totals (up and downloads) per the following without prior authorization.

Basic plan-50GB/month
Bronze plan-100GB/month
Silver plan-150GB/month
Gold plan-200GB/month
Platinum Plan-250GB/month
Platinum Plus Plan-300GB/month
Extreme Plan-300GB/month
Upward Access, LLC reserves the right to charge for extra usage or limit a customers speed based on abuse of this policy. Usage above the stated limits will be charged at 50 cents/GB. UPWARD ACCESS, LLC reserves the right to monitor Client activity from time to time and to deny service to anyone that UPWARD ACCESS, LLC views as an excessive bandwidth user. Servers are not permitted on Upward Access, LLC's Internet connections without prior written consent of Upward Access, LLC. For purposes of this agreement "peer-to-peer" file sharing is not allowed without prior authorization. Upward Access, LLC reserves the right to block any network port being used by P-to-P programs and/or limit P-to-P throughput rates without prior notice.

UPWARD ACCESS, LLC'S network may only be used for lawful purposes and may not be shared with outside parties or entities. The transmission of any material in violation of any local, state, national, or international law or regulation is prohibited. This includes, but is not limited to, copyrighted material, material, material legally judged to be threatening or obscene, material protected by trade secret, or material that is otherwise deemed to be proprietary or judged by UPWARD ACCESS, LLC to be inappropriate or improper such as bulk e-mail messaging. The Client's use of the Internet is solely at the Client's own risk and is subject to all applicable local, state, national, and international laws and regulations. Access to the Internet is dependent upon numerous factors, technologies, and systems, many of which are beyond UPWARD ACCESS, LLC's authority and control. UPWARD ACCESS, LLC exercises no control whatsoever over the content passing through its network.

The customer agrees to pay UPWARD ACCESS, LLC the monthly fee checked in the Contract Information area for the term of this agreement. The Client will be invoiced by E-mail or Postal Mail monthly in advance. UPWARD ACCESS, LLC shall use the E-mail address entered on this form unless the Client notifies UPWARD ACCESS, LLC in writing or by E-mail to use a different address. All payments are due within 10 days after the date of the invoice. Unless otherwise specified in writing by UPWARD ACCESS, LLC, payments shall be made payable to :"Upward Access, LLC" and mailed as directed on the invoice. Invoices not paid within 10 days of due date may be subject to a late payment charge $5.00 per month. The Client account may be suspended or terminated without notice if payment is not received within 10 days of the invoice due date. UPWARD ACCESS, LLC may charge $35.00 disconnect and a $35.00 reconnect fee on all past-due accounts. UPWARD ACCESS, LLC may not increase the monthly price during the agreement term. Upward Access, LLC retains ownership of all installed equipment for a period of 3 years after the installation date, at which time ownership is transferred to the customer. Except as noted above, service may be terminated at any time by either the Client or Upward Access with 30 days written notice. If service is terminated within 30 days of the initial installation date, the installation fee is refundable if all equipment is returned in like new condition.