Any individual or entity that accesses the LAST MILE NETWORK by utilizing any of the equipment or services provided by LMNCG,hereby acknowledges the terms of this Service Agreement and by virtue of their use of the services or equipment provided by LMNCG, they agree to be bound by the terms of this agreement and agree to abide by the same. Last Mile Networks Consulting Group is hereinafter referred to as LMNCG. Services Provided: LMNCG shall provide a microwave link to an inter-connection point where service providers are co-located and internet services can be accessed at a high connection rate. Installation Fees: An installation fee ($120.00) will be charged for the installation of the equipment necessary to provide access between the customer’s computer system and LMNCG microwave network. Additional Services will be billed separately. This equipment is provided for the exclusive use of accessing the LMNCG microwave network. The customer shall be responsible for proper maintenance, repair or replacement of property installed at customer’s service location and the customer shall be responsible for any insurance. The equipment typically includes an antenna/radio built in system. Service: Customer shall pay LMNCG the recurring charges for connection service based on the Service Plan the Customer has selected. Payment for recurring charges shall be due and payable on or before the due date ( 1st, 15th,).The customer may select to be billed monthly, quarterly, or annual service period in accordance with the payment plan. IF A PAYMENT IS NOT RECEIVED BY ITS DUE DATE, LMNCG MAY, AT ITS OPTION, TERMINATE THIS AGREEMENT. Upon termination, any and all amounts owed under this Service Agreement shall be due and payable and any property provided by LMNCG to access the internet shall be returned by Customer to LMNCG. LMNCG reserves the option to charge a late payment fee of the amount due, with interest at the rate of 10% per annum on any unpaid balance. Customer shall be liable for all attorney and collection fees arising from LMNCG efforts to collect any unpaid balance. Web Hosting: LMNCG system does NOT support web servers, or hosting. Hosting servers and services need to be obtained outside the system through an internet service provider. Proprietary Rights Indemnification: LMNCG warrants that it has the full power and authority to grant the rights granted herein and that the services provided under this agreement do not infringe upon or violates any patent, copyright, trade secret or other proprietary right of any third party. Warranties and Limitation of Liability: LMNCG warrants that all service shall be provided in a professional/workmanlike manner and that the Services shall conform to all written documentation and specifications provided by LMNCG. IN NO EVENT SHALL LMNCG BE LIABLE FOR DAMAGES, INCLUDING , WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF NETWORK SERVICE PROVIDED BY LMNCG WHICH EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR SUCH SERVICES. EXCEPT AS SET FORTH ABOVE, LMNCG DOES NOT MAKE ANY WARRANTIES, EXPRESSED ORIMPLIED, REGARDING ITS PRODUCTS OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY. ADDITIONALLY, LMNCG SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY MISREPRESENTATIONS BY ERROR OR OMISSION OR ANDY FAILURE TO PERFORM IT OBLIGATIONS IN CONNECTION WITH THIS AGREEMENT, WHERE SUCH MISREPRESENTATION OR FAILURE RESULTS FROM ANY ACT OF GOD OR OTHER CAUSE BEYOND THE REASONABLE CONTROL OF LMNCG.INCLUDING, WITHOUT LIMITATION, ANY MECHANICAL, ELECTRONIC,OR COMMUNICATIONS FAILURE, THAT RESULTS IN EITHER A MALFUNCTION OF THE WORLD WIDE WEB SERVER AND RELATED EQUIPMENT USED TO ACCESS THE INTERNET OR A MALFUNCTION OF THE INTERNET.IN NO EVENT SHALL LMNCG BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY REASON IN AN AMOUNT IN EXCESS OF ANY AMOUNTS PAID HEREUNDER BY CUSTOMER TO LMNCG. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY ERROR OR OMISSION NOT CURED BY LMNCG UNDER THE TERMS OF THIS AGREEMENT, RELATING TO THE SUBJECT OF THIS AGREEMENT SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. Uncensored Internet Access: You understand that LMNCG provides full, uncensored access to materials on the Internet created and maintained by unaffiliated third parties. LMNCG exerts no editorial control over such materials, or portions that may be considered sexually explicit, obscene or otherwise offensive. In no event shall LNCG be liable to a person or entity, either directly or indirectly, with respect to any materials from third parties accessed through LMNCG Internet. You assume total responsibility and risk for your use of the service and the Internet generally. LMNCG disclaims any and all responsibility for content contained in any third party materials provided through links from this LMNCG SERVICE AREA. Termination: Upon termination all amounts owing under this agreement and the remaining term of the customer’s service plan shall become due and payable. Customers under a service plan may terminate their service contract by giving 30 days written notice. The customer may return the wireless equipment in good working condition in lieu of paying the cancellation fee. The equipment must be returned within(10) days of the cancellation date. The customer agrees to reimburse LMNCG any court cost or attorney fees incurred as a result of collecting any amounts owed because of a termination of this agreement. Indemnification: You agree to indemnify and hold LMNCG, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the service, regardless of the type of claim or nature of the cause of action. NO Spam; Damages: LMNCG will immediately terminate any account, which it believes, in its sole discretion. Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. LMNCG shall not be responsible or liable for any part of any such dealings or promotions. Modifications to the Internet Service Agreement (ISA): LMNCG reserves the right to change the ISA regarding the use of the Service at any time and to modify the Customer by posting an updated version of the SYSTEM SERVICE AGREEMENT on the Web. The Customer is responsible for regularly reviewing the SYSTEM SERVICE AGREEMENT and the Customer’s continued use of the Service after any such changes shall constitute your consent to such changes. Miscellaneous: This agreement shall be binding upon the parties’ respective successors and permitted assigns. The laws of the State of Nebraska, without regard to its conflicts of law provisions, shall govern this agreement. Customer and LMNCG, agree that any dispute arising under this agreement shall be settled under the jurisdiction of any State court in the State of Nebraska.