This wireless access agreement (the “agreement”) between the Communications Access Cooperative Holding Enterprise (CACHE) — an affiliate of Hood River Electric Co-op – collectively referenced hereinafter as “Provider” and the undersigned (Page 5 of 5); hereinafter “Subscriber”.

  1. Provider shall provide Subscriber wireless connection(s) to the Internet from Provider’s access point at the speed selected on the signature page of this agreement using shared bandwidth. Actual performance of the connection will vary due to conditions outside provider’s network control. These conditions may include variables such as Subscriber location, physical equipment limitations, network congestion, server and router speeds of web sites accessed, and/or Subscriber’s inside wiring/cabling. No minimum level of speed is guaranteed. Shared access means that all computers attached to the Subscriber’s home or business network will share the connection speed purchased and that multiple Subscribers will share the bandwidth from the Provider’s access point to the Internet. Subscriber will pay Provider the monthly recurring charges, in advance, during the term hereof plus a one-time connection/set-up fee which shall be due upon Subscriber execution hereof.
  2. The Provider will perform equipment installation (outdoor antenna unit and inside firewall/router) at the Subscriber premises. Additional on-site cabling and/or network equipment required by the Subscriber may be purchased from the Provider at an additional charge.
  3. The wireless Internet service in intended for only one home or business premises and may not be resold or redistributed by any means.
  4. Provider reserves the right to deny service to an individual or business that Provider views as an excessive bandwidth user. Other services (or a dedicated connection), more appropriate to high-bandwidth users, may be offered to such a user.
  5. Total volume of data transfer to/from a Subscriber’s Home/Business account will not be limited. However, the rate of transfer may be controlled for certain file types &/or peer-to-peer connections in order to reserve adequate bandwidth for other network users.
  6. Provider is not responsible or liable for any of the following:
    1. Degradation or loss of service due to obstruction(s) that might be erected or grow between the Subscriber antenna and Provider access point,
    2. Debris or ice on antenna,
    3. Re-aiming the antenna later than 14 days after installation,
    4. Installing hardware and/or software in a different computer after initial installation,
    5. Reconfiguration of network settings due, but not limited to: tampering, reinstallation of operating system, accidental removal, moving of hardware to another computer. Subscriber understands that wireless Internet connectivity requires direct radio line-of-sight, and that any obstruction between Provider’s access point and Subscriber antenna may degrade, disrupt or block signal reaching the Subscriber.
  7. Subscriber understands that wireless Internet connectivity requires direct radio line-of-sight, and that any obstruction between Provider’s access point and Subscriber antenna may degrade, disrupt or block signal reaching the Subscriber.
  8. Subscriber understands that connection/setup fee is non-refundable if the wireless connection is operable and that setup fees are not refundable later than 14 days after installation. Setup/connection fee is only refundable if the connection is not working within 14 days after installation.
  9. The wireless radio, firewall/router, antenna, and cable are the property of Provider and will be returnable to Provider. Subscriber will allow Provider to remove the equipment from Subscriber’s premises.
  10. Subscriber understands that wireless service requires an antenna mounted outside on or near the home or business and cables must be run into the premises. If at all possible, the antenna unit should be mounted on or adjacent to the building receiving service and all screw holes and cable entry holes sealed with clear silicone. It will be the responsibility of the Subscriber to inspect and maintain the mount and ensure that no water penetrates the premises. Provider assumes no responsibility now or in the future for any damage, including but not limited to: water, ice, wind, insects, rodents and lightning.
  11. Subscriber understands that because tree leaves hold water, they absorb the radio signal which will degrade or disrupt connectivity.
  12. Provider offers access to the Internet. Subscriber hereby acknowledges that the Internet is not owned, operated, managed by or in any way affiliated with Provider, and that it is a separate network of computers independent of Provider. Subscriber’s use of the Internet is solely at Subscriber’s own risk and is subject to all applicable local, state, national, and international laws and regulations. Access to the Internet is dependent on numerous factors, technologies, and systems, many of which are beyond the control and/or authority of Provider.
  13. Provider’s network can only be used for lawful purposes. 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 legally judged to be threatening or obscene, material protected by trade secret, or material that is otherwise deemed to be proprietary or judged by Provider to be inappropriate or improper — such as bulk e-mail messages.
  14. Access to other networks connected to Provider’s network must comply with the rules appropriate for that other network. Provider exercises no control whatsoever over the content of the information passing through its network. However, Provider may restrict the rate at which transfer of information moves between networks if Provider deems such transfer will degrade or has the potential to degrade Provider’s network performance and service to other Subscribers. For example, peer-to-peer file sharing across Provider’s network may be flow-restricted to eliminate possible degradation of service to other Subscribers.
  15. Provider makes no warrantee, expressed or implied, including, but not limited to those of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, mis-deliveries or service interruption, however caused. Use of any information obtained through Provider’s network is at Subscriber’s own risk. Provider specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
  16. Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situation, including mechanical or electronic breakdowns may result in temporary impairments or interruptions of service. As a result, Provider does not guarantee continuous or uninterrupted service and reserves the right, from time to time, to temporarily reduce or suspend service without notice. Subscriber shall indemnify and hold Provider and its directors, officers, employees, and agents harmless from any and all obligations, charges, claims, liabilities, costs, and fees incurred as the result of interruptions or omissions of service.
  17. Provider reserves the right to monitor Subscriber’s activity. Upon occurrence of a default by Subscriber of any provisions hereunder, Provider reserves the right, in addition to other remedies that may be available to it, to terminate this agreement and the services to Subscriber hereunder. If Provider terminates service for breach of these terms of service, Subscriber shall receive no refund for services billed and paid in advance.
  18. Subscriber shall indemnify Provider, its affiliates, officers, directors, licensees, and licensors from any and all claims and expenses, including, without limitation, reasonable attorney’s fees arising from Subscriber’s breach of any provision of this agreement.
  19. This agreement is deemed to be executed in the State of Oregon. Subscriber agrees that any dispute arising under this agreement shall have its venue in Hood River County, Oregon and any such dispute shall be governed by and constructed in accordance with the laws of the State of Oregon.
  20. This agreement shall commence on the date the connection is activated (Activation Date) which shall be specified on the signature page. This agreement shall automatically renew for successive 30-day terms unless terminated by either party.
  21. There is no minimum term of service. Termination shall be at the discretion of the Subscriber. However, there shall be no refund if service is terminated within a billing month.
  22. Subscriber shall be invoiced for a full month of service, in advance, except for the first partial month of service, which shall be pro-rated based on the number of days of service within the billing month. The billing month shall be the same as the Subscriber’s electrical billing month. Charges for service shall appear as a line item on the Subscriber’s bill for electric service. Partial payments shall first be credited to the Subscriber’s electric charges, then Internet services.
  23. Provider may assign this agreement without Subscriber’s prior consent and all of Provider’s rights, title, and interest herein shall inure to the benefit of such assignee, its successors and assigns. This agreement shall not be assignable by Subscriber except with the written consent of Provider. Subject to the foregoing, this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
  24. Only a written instrument signed by the party against which the modification is being enforced may modify this agreement.
  25. Any notice requirement to be given hereunder shall be in writing and shall be deemed to have been delivered when deposited in the United State mail, register or certified mail, return receipt requested with adequate postage affixed and addressed to the persons set forth in the signature block hereto or with the provisions hereof. A copy of any notice to Provider shall be sent to Communications Access Cooperative, PO Box 125, Odell OR 97044-0125.
  26. Subscriber acknowledges that a $5 fee will be assessed in addition to the initial installation and set-up charge for payment of a required membership fee in the Communications Access Cooperative Holding Enterprise (CACHE), an Oregon non-profit cooperative corporation established for the purpose of providing this and other connectivity and Internet services. Copies of the CACHE Articles of Incorporation and Bylaws are available to members upon request.
  27. Subscriber set-up and installation fees are not transferable to a different location (i.e. the subscriber moves) nor are they assignable to a new resident at an existing service location (i.e. a new renter or owner). Applicable set-up and installation fees shall apply for each new subscriber and/or each new service location.
  28. This agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby and supersedes any other prior or simultaneous agreement related to such matters.