AvantWireless, LLC ("Avant") operates a high-speed connection to the Internet and makes its network and computer facilities available to Avant's subscribers for personal, commercial and research uses. During normal usage of network resources, subscribers may utilize portions of the Internet that restrict commercial or other traffic as per its own Acceptable Use Policies ("AUPs"). All Avant subscribers must abide by all AUPs for any network that they traverse, and always comply with local, state, federal, and international laws.

Terms and Conditions for Use of AvantWireless Broadband Internet Service:

1. Avant exercises no control over the content of the information passing through its networks. Avant makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it provides. Warranties on equipment and/or software purchased from Avant are limited to the written limited warranty that accompanies merchandise. All sales are final with no returns on equipment and/or software other than required by law. Avant, its affiliates, access providers, or contractors shall not be liable for direct, indirect, incidental, special, punitive or consequential damages that result in any way from customer's or customer's authorized users' use of or inability to use the service or to access the Internet or any part thereof, or customer's or customer's authorized users' reliance on or use of information, services, communication, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation , or transmission, or any failure of performance. Use of any information obtained via Avant is at the user's own risk. Avant specifically denies any responsibility for the accuracy or quality of information obtained through its services.

2. Any liability of Avant, including without limitation liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or any other cause of action, shall be strictly limited to the amount paid by or on behalf of the customer to Avant for the current month.

3. Avant's network and services may be used for lawful purposes only. Transmission of any material in violation of federal, state, or foreign regulation is prohibited.

a. Customer understands that the Internet contains unedited materials including sexually explicit material and other material that may offend some people. Customer and customer's authorized users access such materials at customer's own risk. Avant has no control over and accepts no responsibility for such materials.

b. The service is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied, including, but not limited to: warranties of title; non-infringement or implied warranties of merchantability; or fitness for a particular purpose. No advice or information given by Avant, its affiliates, access provider or its contractors or their respective employees shall create a warranty. Neither Avant nor its affiliates or access providers warrant that the service will be uninterrupted or error free or that any information, software, or other material accessible on the service is free of viruses, worms, Trojan horses or other harmful components.

c. If customer is dissatisfied with the service or with Avant's terms, conditions, rules, policies, guidelines, or practices in operating the service, customer's sole and exclusive remedy is to terminate this Agreement in accordance with Section 9 and discontinue using the service.

d. Avant has no obligation to monitor the service. However, customer agrees Avant has the right to monitor the service electronically and disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the service properly, or to protect itself or its subscribers. Avant will not intentionally monitor or disclose any private electronic-mail message unless required by law. Avant reserves the right to refuse to post 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. Avant also reserves the right to contact authorities regarding publicly accessible material brought to its attention if it appears to be of questionable legality.

4. a. Subscriber shall insure that its users comply with the terms and conditions of this agreement.

b. Subscriber and its users shall not use or permit its end users to use the services in ways that violate laws, infringe the rights of others, interfere with other users of our service or other service networks. Subscriber is responsible for the knowledge of and adherence to any and all laws, statutes and regulations pertaining to, or in any way connected with, the services provided by the Company and all use of any information, data, material or service in violation of any such law, etc., is strictly prohibited.

c. By posting information in or otherwise using any communications service, chat room, message board, news group, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

(1) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Company's rules or policies;

(2) Victimizes, harasses, degrades, or intimidates an individual, or group of individuals, on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(3) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

(4) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

(5) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or other information of any third party; or

(6) Impersonates any person or entity, including any employee or representative of the Company.

You further agree that you will not knowingly solicit or collect personal information from a minor without appropriate prior verifiable parental consent. Company generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, news groups, software libraries, or other interactive services that may be available on or through this site. However, Company and its agents have the right at their sole discretion to remove any content that, in Company's judgment, does not comply with these rules or is otherwise harmful, objectionable, or inaccurate. Company is not responsible for any failure or delay in removing such content.

d. Subscribers rights herein granted, cannot be transferred, assigned, shared, sold, or used by anyone other than the Subscriber. The Subscriber on any system account can use no more than one connection to the services provided by Company, at any time.

e. Subscriber and/or users shall not establish Internet servers of any kind, including without limitation, Web, E-Mail, games, FTP, or the like, without prior written authorization and pricing agreement from the Company.

5. Avant may deny customer access to all or part of the service without notice if customer engages in any conduct or activities that Avant, at its sole discretion, believes violates any of the terms and conditions in this Agreement. If Avant denies customer access to the service because of such a violation, neither customer or customer's authorized users shall have any right to; (a) access through Avant any materials stored on the Internet, (b) obtain any credit(s) otherwise due to customer, and such credit(s) will be forfeited, (c) access third party services, merchandise or information on the Internet through Avant, and Avant shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

6. When accessing other networks connected to Avant's systems or networks, customer must comply with those network’s AUPs.

7. Resale of Avant's networks and/or services is strictly forbidden under all circumstances without a prior written agreement between Avant and Customer concerning resale of Avant's services.

8. The Terms and Conditions of this Acceptable Use Policy supersede all previous representations, understandings, or agreements, and shall prevail notwithstanding any variance with terms and conditions of any other submittal. Use of Avant's services, networks, and systems constitutes acceptance of these Terms and Conditions.

9. Commercial postings to non-commercial newsgroups or listservs, or postings which are directed to either inappropriate, unrelated, or more than 10 groups or listservs are prohibited. "avantwireless.com" groups or listservs, if any, do not allow postings, or references, to other service providers.

10. Payments for Avant services must be made in advance via a pre-arranged monthly paypal payment, auto debit from checking account, or by cash or check. Depending on the payment option, customers will be billed via email or invoiced directly by Avant. Access to the account may be restricted if paypal processing fails due to insufficient credit, unreported replacement numbers, or unreported expiration extensions. The customer agrees to pay invoices immediately upon receipt and until the account is cancelled by signed notification. Refunds will not be issued for partial months of remaining service. Any future months of paid service fees will be refunded to the customer upon receipt of cancellation notification, and the user account will be closed at the end of the current month. These charges will be processed once per month on a regular schedule. Accounts that remain unpaid after the invoice due date may have their service interrupted. Such interruption will not relieve the customer from the obligation to pay the monthly account charge. An account re-activation fee of $35.00 may be charged to reestablish service. If customer pays by auto debit or check and it is returned unpaid, the account will be immediately suspended in default, and the check will be subject to a returned check fee of $35.00. If customer defaults on payments due Avant, customer agrees to pay Avant reasonable collection expenses, including attorney and collection agency fees.

11. Customer agrees to defend, indemnify and hold Avant and its access providers and affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorney fees, related to or arising from: (a) any violation of this Agreement by customer, or customers' authorized users; (b) the use of the service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by customer or customer's authorized users; and (c) negligent acts or omissions of customer's officers, employees, agents or contractors in connection with the construction, installation, maintenance, presence, use or removal of systems, channels or terminal equipment or software not provided by Avant which are connected, or are to be connected, to the service.

12. Avant's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. Avant reserves the right to modify, change and reformat this document as it deems necessary without permission or consent of its network users. Copies of the AUP will remain available via the Avant Home Page. Avant further reserves the right to modify any terms or pricing of services offered. Such changes will either be detailed within the AUP, provided in the form of an email to all users, or an announcement on Avant's homepage, reachable at https://www.avantwireless.com . The sole remedy of any customer who does not agree to these changes is entitled a refund of any unused months of prepaid service, plus a pro-rata refund of any remaining portion of the month in which the changes were announced.

13. Other use of Avant's service networks, equipment and/or lines is considered fraudulent, and a charge equal to an account's monthly fee may be charged for violations.

14. Using or traversing Avant's networks constitutes full agreement and understanding of this AUP and/or any future AUP modifications.

Using Avant Wireless LLC for access to the Internet indicates that you have read and agree to this Acceptable Use Policy, and agree to abide by the terms and conditions stated herein.