WiFi 802.11b 2.4Ghz Access network usage

Planet802 Customer Agreement

This agreement is taken between Planet802 2 Birchfield Close and the Customer being granted access to the Wireless Network, OR as designated by the "Purchase Order", OR any customer purchasing any Pay-as-You-Go service ("PaYG")

1. INSTALLATION

a. You authorise Planet802 and it's authorised contractors to install a customer subscriber unit, hardware, software, wiring and other equipment necessary to enable wireless network connection from your premises to a Planet802 Access point and Internet Gateway.

b. To provide the Services, Planet802 is required to complete the "Installation" of various equipment at the Premises. A standard Installation can include but is not limited to the mounting of external antenna, necessary cabling, mounting hardware, and subscriber unit, ("Equipment") as applicable by the most direct path into the premises. This can include any internal or external cabling directly to the PC or router. Any custom installation work that you may require, including routing cable through walls, objects, furniture, carpets and moldings might incur additional charges. Planet802 will not be liable for any permanent structural changes that may occur from the Installation including holes in walls, fixed cabling, wall brackets or fixings.

2. THE SERVICE.

Planet802 will provide the following services to the "Subscriber" subject to the terms and conditions of this agreement, and in accordance with a signed Purchase Order, PaYG agreement, or Free Access agreement.

a. Planet802 may at our own discretion modify or change the Service including but not limited to the Service and Equipment prices or any monthly rates.

b You must install, operate, and maintain any hardware or software not provided by Planet802 ("Customer provided"). You agree that Planet802 is not responsible for the information transmitted or received on any hardware or software provided by you.

c. You will ensure for purposes of installation and configuration that you will have access to all necessary PC or router equipment, that you have passwords to necessary computers or routers, and that you know how to access and configure any equipment we do not supply. You are responsible for ensuring your computer equipment is compatible with the network. If at any time it becomes incompatible you may be notified to make corrective changes and you must comply or remove your equipment from the network. Any corrective procedures taken by Planet802 will be charged at standard rates.

The Subscriber will need to ensure the following preparations are made prior to the installation:

d. That your computer or router is compliant with our network and is in working order with working network card for Planet802 appointed engineer to install and configure. Any equipment deemed non-compliant at the time of engineers visit can be considered chargeable work if any further site visits are necessary, or further equipment requires installation. You will ensure that adequate and continuous access to a power supply for the subscriber unit(s) and is in working order for installation, and that all cabling to Customer Supplied equipment is provided and is in place.

e. All monies owed Planet802 are paid in full.

f. Allow Planet802 Access to any networking equipment, both physical or remote access to any processing if for any reason we require access for periodic maintenance, troubleshooting, or suspect the equipment is impairing the network. This can include but is not limited to any router, modem, PC, server, laptop or desktop accessing our network whether

g. You agree that if you have purchased you own equipment that it is your responsibility to maintain its upkeep and ensure all radio equipment is within legal tolerances.

3. PAYMENT TERMS.

a. Access to the Planet802 2.4Ghz "Pay-as-you-go" network are by paid subscription 30 days in advance due the first day of the month. A short grace period will be taken in cases of renewal subscriptions.

b. All equipment purchased will be paid for in advance or at time of installation. All installation costs will be paid for upon completion of installation. Direct payment to third party installers may be required.

c. Any other invoices due more than 30 days will warrant immediate disconnection. All payments are due upon disconnection.

d. You may withhold payment of any disputed charges. You must notify us in writing within 10 days why you are disputing the charge. If the charge in dispute is a valid charge, you then have 10 days to make payment in full.

e. Planet802 will have the right to convert the monthly Service Charge to a usage based billing system ("Usage Based Billing") by delivering to you a written notice or electronic mail that Planet802 intends to commence usage based billing with your account. We reserve the right to change any terms of the account at any time with prior written notice in accordance with any new policies we see fit to employ.

f. Subject to availability, Planet802 may offer to you additional services, subject to terms and conditions of Planet802's current price list.

4. SERVICE INTERRUPTIONS.

Planet802 will make every commercially reasonable attempt to ensure that out networks operate smoothly at all times. Due to the nature of communications in general, you may experience service interruptions. Planet802 assumes no responsibility or liability for interruption of the Services due to any of the following:

a. Failure of any equipment owned and operated by Planet802 or any Internet providers we use;

b. Any interruptions due to system testing, maintenance, upgrade or modifications of existing live equipment;

c. Power failures, riots, civil unrest, acts of war, or acts of God, including hurricanes, floods, ice, wind, lightning, and accidents.

d. Regulations, orders, changes of law, or decisions or mandates by any legal court or governing body.

e. Any loss of connection due to natural or unnatural interference or signal degradation beyond the control of Planet802.

5. WARRANTY REPLACEMENT / REPAIR SERVICES.

a Planet802 assumes no responsibility for the operation, maintenance, or repairs of your computers or existing wiring, networking, or other equipment.

b. Planet802 will not be held responsible for any damage caused during installation or configuration, whether accidental or by any other means. The Subscriber assumes all responsibility for the installation of the Equipment.

c. Planet802 will provide you, the original purchaser, with a limited warranty of the subscriber unit, transceiver and installation thereof during the Term of this Agreement or 90 days from date of purchase ("Warranty Period"), whichever is greater. If a problem develops with the subscriber unit, antenna, or installation thereof, Planet802 will repair or replace the affected item, and/or correct the installation problem at no charge to you. This warranty excludes any damage to the modem or transceiver resulting from Customer abuse or negligence and/or Acts of God, as determined solely by Planet802. If you sell the modem or transceiver during the Term or thereafter, the warranties provided herein will immediately terminate. Some equipment will be covered by manufacturer's warranties and will not be separately warranted by Planet802.

d. Any repair or replacement of the Equipment and/or correction of an installation problem following the expiration of the warranty period will be the responsibility of the customer. Any services performed by Planet802 at that time will be at the then-current Planet802 hourly rate and/or list price of any equipment.

6. ACCEPTABLE USE POLICY.

When using a Planet802 service, you should always protect yourself and the network by using a firewall or firewall application, disabling or password protecting any shared files on your PC, and ensuring that access to all your equipment is restricted. Any Customer Provided Wireless equipment, or any private wireless network must have basic security implemented, including but not limited one or more of the following: WEP encryption, MAC and IP address filtering, hidden SSID and/or a private authentication package. Exceptions to this can be authorised by Planet802 in writing.

When using Planet802 Internet Service, YOU MAY NOT DO THE FOLLOWING:

a. Cause any interference to any other user on the network.

b. Publish, transmit, or post any abusive, unlawful, indecent, threatening, hateful, or otherwise objectionable information of any kind, including but not limited to any conduct that would constitute a criminal offense in any country, including but not limited to all EU laws regarding information transfer.

c. Transmit any virus, trojan horse, worm or other harmful component;

d. Publish, transmit, post, reproduce, distribute or in any way exploit any information, software or other material obtained through Services for any commercial purposes. This can include, but is not limited to information, software or other materials, or other proprietary right, or derivative works without obtaining permission of the copyright owner or right holder;

f. Send unsolicited e-mail including sending large volumes of unsolicited email to individual email accounts, also know as 'spamming'.

g. Make any attempt to gain access to another resource on the network not belonging to that user and/or without authorisation.

h. Attempting to send e-mail or post newsgroup items using any form of false identification or attempting to impersonate another user or by using any form of forged headers or similar false identification methods. This also includes but is not limited to falsification of information with regards to online purchases, memberships and personal details.

i. Engage in conduct which in any way could interfere with Planet802's ability to provide or maintain Services or interferes with the rights of others including, but not limited to hacking, cracking, attempting to bypass security for any reason, "denial of service" attacks (port scans, etc.);

j. Scan or probe any Planet802 or any other network for any reason by use of packet sniffers, siphons, decoders or any other method;

k. Attempt to gain access with any other device in avoidance of payment;

l. Unauthorized access, hacking, impairing, or destruction of any Planet802 customers or end-users by any means or device;

j. Use Planet802's products and services to interfere with the use of the Planet802 network by other customers or authorized users;

k. Resell the Services or any other Planet802 service to any third parties without prior express written consent from Planet802;

l. Run programs or servers that provide network services to others through the Services which includes, but is not limited to, web hosting, multi-user interactive forums, game servers, operation of mail, http, ftp, ssh, or any other server to serve external connections or support multi-user interactive forums without express written permission from Planet802.

m. You are responsible for ensuring that your usage of the Services does not improperly restrict, degrade or adversely affect any other user's use of the Services, nor represent, in Planet802's sole judgment, an unusually large burden on the network itself. You must comply with the current bandwidth, data storage and other limitations on the Services. If Planet802 determines that your account is exceeding normal bandwidth limits, you will be notified by e-mail. If the excess use continues for more than 10 days, the Services may be suspended or terminated. If excessive bandwidth utilization is determined by Planet802 to adversely affect Planet802's ability to provide the Services for its other customers, immediate action may be taken to alleviate the problem. In such event, you will be notified by e-mail as soon as practicable.

IF AT ANY POINT IN TIME Planet802 DISCOVERS THAT THE CUSTOMER IS 'SHARING' THEIR NETWORK CONNECTION, WITHOUT THE EXPRESS PERMISSION OF Planet802, THEN THE CUSTOMER WILL BE SUBJECTED TO IMMEDIATE TERMINATION OF SERVICE AND MAY BE LIABLE FOR ANY DAMAGES ACCORDING TO LAW.

n. Planet802 has no obligation to monitor the Services. You agree that Planet802 has the right to monitor the Services electronically from time to time, and you consent to Planet802's access, use and disclosure of any information as necessary to satisfy any law, regulation or other governmental request, to operate the Services properly, to improve the Services, or to protect itself or its customers. Planet802 reserves the right to refuse or to remove any information or materials, in whole or in part, that in its sole discretion are unacceptable, undesirable, or in violation of this Agreement.

Section 9. LIABILITY AND INDEMNIFICATION.

a. Planet802 AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY LOSS OF DATA OR DAMAGE TO HARDWARE THAT OCCURS DURING INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF THE SERVICES. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTER BEFORE INSTALLATION. YOU FURTHER AGREE THAT Planet802 OR ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH YOUR COMPUTER AFTER INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF THE SERVICES.

b. Planet802 is not liable for unauthorized access by a non-Planet802 individual or entity to customer's transmission facilities or customer premise equipment, or for unauthorized access to, or alteration, theft, or destruction of customer's data files, programs or other information through accident, wrongful means or any other cause.

c. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ANY WARRANTIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE FOR PARTICULAR PURPOSE OF WARRANTIES OF NON-INFRINGEMENT. NO Planet802 ADVICE OR INFORMATION GIVEN WILL CREATE A WARRANTY. NEITHER Planet802 NOR ITS AFFILIATES WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

d. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH SERVICES OR ON THE INTERNET GENERALLY. Planet802, ITS AFFILIATES OR ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE SERVICES OR TO ACCESS THE INTERNET OR YOUR RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE INTERNET OR INTERNET SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

e. You agree that you will properly use the Services and will not, nor will it permit or assist others to, use the Services for any purpose other than their intended purpose, fail to maintain a suitable environment according to the manufacturer's specifications, or tamper with the Services. If you fail to comply with this Section, you will release Planet802 from all liabilities or obligations (including any warranty or indemnity obligation) to you under this Agreement and you will pay Planet802 all costs or damages Planet802 incurs. If any person not a party to this Agreement makes any claim against Planet802, its affiliates or its subcontractors, relating to Equipment or the Services that are the subjects of this Agreement, or arising out of the use of the Equipment or the Services by you or an authorized user of your account, including the placement or transmission of any message, information, software or other materials on the Internet, you agree to indemnify and hold Planet802, its affiliates and subcontractors harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and reasonable attorney's fees.

g. This Section 9 will survive any termination of this Agreement.

Section 10. MISCELLANEOUS.

a. You agree to notify Planet802 in writing of any change of occupancy or ownership or tenancy. If you vacate the Premises, this Agreement will be subject to termination and Planet802 will have the right to disconnect the Services.

b. You warrant that you own the Premises to which Services will be provided, or you have obtained the valid consent of the owner for any necessary changes to the Premises or with the Premises wiring that arise out of the installation, maintenance, repair and removal of Equipment. In addition, Customer has reviewed any restrictive covenants or homeowners restrictions ("Restrictions") to confirm that Customer may place an antenna on the Premises. If it is later determined that the installation of the RF Equipment violates any Restrictions or that Customer failed to obtain appropriate permission, Planet802 may immediately terminate this Agreement and discontinue the Services. Customer agrees to hold harmless Planet802 for any damages or losses caused by your (I) failure to comply with the Restrictions or (ii) failure to secure appropriate permission. Planet802 may in its discretion, require evidence that Customer has obtained appropriate permission for any building owner, housing committee, or planning authority.

c. You agree that you will not permit or assist others to abuse or fraudulently use the Services, including, but not limited to, unauthorized or attempted access, alteration, or destruction of another Planet802 customer's information, or using the Services that cause interference with another customer's or authorized user's use of the Planet802 network. Illegal and unauthorized attachments to its facilities are costly to Planet802 and may create interference and a degradation of the Services to other customers. Planet802 will be obligated to seek legal redress and assist in the criminal prosecution in matters involving illegal and unauthorized connections and attachments and injury to its wiring or facilities.

d. Planet802's failure to enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice will act to modify any provision of this Agreement.

e. This Agreement will be governed by applicable local and national laws and regulations and the laws of Great Britain and the EU.

f. Planet802 reserves the right to charge for customer calls into technical support or for on-site technical support.

g. Subject to availability, Planet802 will support and charge for the connectivity of multiple computers to a single connection. Planet802 may install wiring for additional computers, setup a hub purchased from Planet802, and configure computers for Internet connectivity. Planet802 will not support file and print sharing or other local area network functionality.

h. Planet802 is an independent contractor under this Agreement. The parties' relationship and this Agreement will not constitute or create an association, joint venture, partnership, or other form of legal entity or business enterprise between the parties, their agents, employees or affiliates.

i. This Agreement's benefits do not extend to any third party, unless expressly stated in this Agreement. Planet802 may assign this Agreement without your prior written consent if: (I) the assignment is to a successor in interest, by merger, operation of law, or by assignment, purchase, or otherwise of Planet802's entire business, or (ii) the assignment is to the parent, affiliate or subsidiary of Planet802.

j. Neither party will use the name, service marks, trademarks, or trade secrets of the other party or any of its affiliates for any purpose, including, but not limited to, press releases, without the other party's written consent.

k. Planet802 may modify this Agreement at any time. Notice to you will consist of updating the Terms and Conditions on the Planet802 web site (http://www.Planet802.co.uk/broadband/legal.htm) or sending an e-mail to your primary Planet802 Services email address.

l. You grant to Planet802 or any appointed subcontractors an irrevocable license to enter into or onto your Premises during normal business hours, Monday through Saturday, in order to install, inspect, repair, replace or remove Equipment. This license will survive termination or cancellation of this Agreement and will run with the land and inure to the parties' successors and assigns.

m. If You change your address, You will notify Planet802 in writing of your new address before the move and You will remain liable for all of its obligations under this Agreement. You agree to pay the standard Planet802 transfer charges plus any additional payments required for installation of Equipment at Customer's new location if required.