Digis Internet Access Policies Agreement
(customer service agreement)
10/7/2008

Digis Internet Access (hereinafter 'DIA') is an Internet Access service provided by Digis,LLC and/or its subsidiaries, affiliates or assigns (collectively 'Digis'), subject to the terms and conditions of this Digis Internet Access Subscription Agreement ("Agreement"). This Agreement constitutes the entire agreement between you (hereinafter "you" or "Subscriber") and Digis with respect to DIA. DIGIS RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE AT LEAST 30 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF ANY CHANGES. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION POSTED ONLINE IN THE 'SUPPORT' ( http://www.digis.net/support ) AREA TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF DIA AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
This Agreement takes effect on the date on which you accept this Agreement and continues until your DIA subscription is terminated either by you or by Digis.

Index
1. Essentials of Your Subscription
2. DIA Acceptable Use Policy
3. Charges and Billing
4. Operation
5. Installation/Equipment
6. Disclaimers/Limitation Of Liability.
7. Indemnification
8. Notices; Consent
9. No 'Spam'; Damages
10. General

1. Essentials of Your Subscription
1.1 You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use DIA in accordance with this Agreement. You may terminate your DIA subscription at any time, with or without cause, upon notice to Digis; provided that you are responsible for all charges, which have been submitted, prior to your notice of termination. If you are participating in any trial period offer, you must terminate your subscription prior to the end of the applicable trial period in order to avoid incurring service or any other applicable charges. Digis may terminate or suspend your DIA subscription at any time, with or without cause, with or without notice. Your DIA subscription is personal to you, you agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement.
1.2 Digis may allow you to have additional member accounts associated to your account ('Associated Accounts'). You may allow other household members (including minors) to use your Associated Accounts, provided that you agree to pay all charges that are incurred by yourself or others utilizing the Associated Accounts. As between Digis and you, you are solely responsible for all usage of the Associated Accounts, including any violations of this Agreement, which may include, but is not limited to, roaming charges and telecommunication charges for connecting to DIA such as long distance charges. Your subscriber account (including any Associated Accounts) will be terminated for violations of this Agreement by yourself or others utilizing an Associated Account. Your right to the Associated Accounts, if any, is personal to you, no person utilizing an Associated Account has any right to your subscriber account (including your Associated Accounts). You agree not to assign, transfer, resell, sublicense or otherwise distribute your right or access to the Associated Accounts. 'You' (and 'your') as used throughout the remainder of this Agreement shall mean you and any person utilizing an Associated Account.
1.3 You acknowledge that you are aware that some areas of DIA and the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your DIA account.
1.4 You acknowledge and agree that the party being billed for your DIA subscription (that is, the party who is responsible for the credit card or other payment account associated with your account) has the right to terminate the subscriber account and all Associated Accounts at any time, make changes to your subscriber account information and Associated Accounts and to request and receive usage information related to such accounts.
1.5 You acknowledge and agree that DIA through telephone connectivity ('dialup') is limited to normal usage patterns as determined by Digis, in its sole and absolute discretion, and that Digis may take action including but not limited to limiting usage or terminate service of customer DIA if customer usage is deemed to be inconsistent with normal usage patterns.

2. DIA Acceptable Use Policy
2.1 As a condition of your use of DIA, you warrant to Digis that you will use the service in accordance to the Acceptable Use Policy of Digis. Click here or visit http://www.digis.net/support and click on the Acceptable Use Policy link for complete detail.

3. Charges and Billing
3.1 You agree to pay all charges for your use of DIA at the prices then in effect for your particular service plan including, but not limited to, any charges for optional, installation and premium services (e.g. DSL service, ADSL service, ISDN service, satellite service, cable service, concurrent connectivity, billable nationwide access, etc.). Certain services may require the payment of additional fees (including, without limitation, set-up, repair, additional equipment, missed appointment, line maintenance, upgrade and repair, initial activation and reactivation, transfer and relocation) and you agree to pay such fees at the prices then in effect as specified for such service to either Digis or its designated service provider. You agree that Digis may pass your account information (including, without limitation, credit card number) to its designated service provider of such additional services for their use in charging you for appropriate services rendered. Certain DIA promotions or plans may require termination or cancellation charges. You agree to pay all such termination or cancellation charges as specified in the materials describing such promotions and plans. All DIA charges are exclusive of sales or other taxes. DIA charges, if applicable, will be subject to sales or other taxes as appropriate. Digis reserves the right to modify or terminate subscription plans, change prices, or institute new charges for DIA at any time with at least thirty (30) days' notice to Subscribers. In the event your subscription is terminated you are responsible for all charges submitted prior to the termination of your account whether by you or by Digis.
3.2 It is possible the DIA access number you program your modem to use to connect to DIA may be a telephone number that results in additional or long distance charges being billed to you by a third party, even if such number was presented by DIA as an appropriate access number for your area.
You are solely responsible for determining whether the DIA access number you use is subject to any additional charges. It is your responsibility to contact your telephone company to determine whether the access number you select is subject to additional charges. You agree to pay any charges you incur by using a long distance telephone number to connect to DIA, including those that may be billed to you by a third party. Digis will not reimburse you for any charges incurred by you as a result of selecting an access number that is subject to additional and/or long distance charges.
3.3 You also agree to pay any additional DIA charges you incur if you connect to DIA through a DIA telephone number while you are in a country that is not the country associated with your DIA account (hereinafter referred to as 'Roaming Charges'). Roaming Charges are in addition to any long distance telephone charges you may incur when connecting to DIA from another country.
3.4 All periodic charges (such as monthly, quarterly, annually) or charges for prepaid plans are to be paid in advance, or at the time billed by DIA, as specified for the DIA plan you elect and are non-refundable. You agree to pay for all optional and premium services you elect to receive which are not included in your periodic charges or prepaid plan charges. You agree to pay all amounts due upon demand by Digis. Your non-termination or continued use of DIA reaffirms that Digis is authorized to charge your account as specified by you (your 'Designated Account'). You agree that Digis may (at its option) accumulate charges incurred and submit them as one or more aggregate charges and that Digis may delay obtaining authorization from your Designated Account issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your designated account issuer. You agree that if you want to see the components of accumulated charges, you will review your online statement. You agree to pay all costs incurred in the collection of any delinquent fees due under this Agreement or the enforcement of this Agreement, including attorney fees.
3.5 You agree that Digis may submit charges or throttle speeds for your use of connect time or bandwidth usage in excess of that provided as part of the DIA subscription plan you select without further authorization from you until you provide prior notice that you are terminating this authorization or wish to change your DIA subscription plan. Such notice will not affect charges submitted before Digis reasonably could act on your notice.
3.6 You must promptly notify Digis of changes to: (a) the account number, status, or expiration date of your Designated Account; (b) your billing address; (c) telephone number; and, (d) last name changes. You remain responsible for all charges to your account in the event your designated account is changed.
3.7 YOU WILL INCUR ADDITIONAL CHARGES OR HAVE THROTTLED SPEEDS IF YOUR USAGE OF DIA EXCEEDS THE NUMBER OF HOURS OR AMOUNT OF BANDWIDTH (TOTAL DATA TRANSMITTED AND RECEIVED) COVERED BY YOUR APPLICABLE SUBSCRIPTION. YOU MAY ALSO INCUR CHARGES LEVIED BY YOUR LOCAL OR LONG DISTANCE TELEPHONE COMPANY TO CONNECT TO DIA FOR WHICH YOU ARE RESPONSIBLE. DIGIS WILL NOT REIMBURSE YOU FOR TELEPHONE CHARGES YOU MAY INCUR FROM YOUR TELEPHONE COMPANY FOR CALLS YOUR COMPUTER MAKES TO DIA. DIGIS MAY CAUSE UPGRADED SOFTWARE TO BE DOWNLOADED AUTOMATICALLY TO YOUR COMPUTER, IN WHICH EVENT YOU WILL BE RESPONSIBLE FOR ALL RESULTING CHARGES INCLUDING, WITHOUT LIMITATION, CONNECT TIME CHARGES AND LOCAL OR LONG DISTANCE TELEPHONE CHARGES.
3.8 Digis will use reasonable commercial efforts to provide you with an electronic or online statement of charges; however, any failure of Digis to provide you with an electronic or online statement does not affect your responsibility to pay any incurred charges. Unless you notify Digis of any errors or discrepancies in any billing within thirty (30) days after they first appear on your Designated Account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by the issuer of your Designated Account. WITHOUT LIMITING ANYTHING ELSE IN THIS AGREEMENT, YOU RELEASE DIGIS FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO DIGIS WITHIN THIRTY (30) DAYS OF ITS PUBLICATION DATE.
3.9 Without limiting anything else in this Agreement, Digis reserves the right to suspend or terminate your DIA subscription without notice upon rejection of any charges or if your account issuer (or its agent or affiliate) seeks return of payments previously made to Digis when Digis in good faith believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Digis. You agree to pay a late charge to Digis on all amounts due but not timely paid. All delinquent accounts will be charged interest at the rate of 1.5% per month (18% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate, the late charge will be the maximum rate allowed by law. The late charge will be imposed until all of the overdue amounts are paid. Digis reserves the right to refer your DIA account to a third party for collection in the event of default. In the event any balance is not paid as agreed and is sent to collections, the undersigned agrees to pay a collection fee equal to 30% of the unpaid balance. In the event legal action becomes necessary to collect the unpaid balance, the undersigned further agrees to pay all reasonable attorneys fees and court costs.
3.10 DIA Subscribers must contact Digis Customer Service directly to cancel their existing DIA accounts.
3.11 Digis reserves the right to limit the number of DIA Internet Access accounts billed to any particular Designated Account.

4. Operation
Digis reserves complete and sole discretion with respect to the operation of DIA. Digis may, among other things: (a) take any action (legal and/or technical) that Digis deems appropriate to prevent bulk e-mail from entering or leaving any DIA e-mail account and the network e-mail system; (b) delete e-mail if it has not been accessed by you within a time established by Digis from time to time, in its sole discretion; (c) not process e-mail or instant messages due to space limitations; (d) subject to the Digis Privacy Statement, make available to third parties information relating to DIA and its subscribers and members; (e) automatically log off any accounts that are inactive for an extended period of time, as determined by Digis; (f) withdraw, suspend, change, or discontinue any functionality or feature of DIA; (g) delete attachments due to potentially harmful materials included within such attachment ; and, (h) limit access to the service to prevent abusive consumption and ensure fair access for all subscribers. You acknowledge and agree that Digis may automatically check the version of DIA software and components you are utilizing and may provide upgrades to such software that will be automatically downloaded to your computer. The amount of e-mail and instant message storage space per subscriber may be limited, therefore some e-mail and instant messages may not be processed due to space constraints. You agree that Digis is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit DIA's automatic log off system or part thereof from performing as intended is prohibited.

5. Installation/Equipment
You acknowledge and agree that Digis or its designated service provider may be required to access your premises and/or computer in order to install or repair the components necessary for you to access certain services, this may include opening your computer to install, repair or replace equipment and/or installing software on your computer or in your location. By accepting the Agreement you are hereby authorizing Digis or its designated service providers to access your computer for the purpose of installing, repairing or replacing the components needed to access such services and to work with your telephone provider, if necessary, to make such service available through your designated telephone number. You are solely responsible for ensuring that all information and software embodied on your computer is stored or backed up appropriately as necessary, Digis and its designated service providers shall have no liability whatsoever for any loses resulting from such services, including, without limitation, damage to your premises, loss of software, data or other information from your computer or for any modifications made to your computer system including modifications or deletion of files. Timeframes for installations, if provided, are not guaranteed and may vary based on the types of services requested and based on provisioning and billing arrangements with the designated service providers. DIGIS MAINTAINS OWNERSHIP OF RENTED EQUIPMENT: All equipment rented by you from Digis including antenna, dish if used, and other related hardware are the property of Digis. If you have chosen the option to rent the equipment used to provide DIA you agree to the following: To keep equipment in good working condition. You agree to pay Digis equivelent to the full purchase price or the cost to repair, whichever is less, for any damaged equipment. Before cancellation of DIA you will return all equipment rented by you to Digis. You agree to pay equivelent to the full purchase price plus the cost to recover any equipment not returned to Digis before cancellation of DIA. In any event that Digis feels its' equipment is at risk you authorize Digis to enter your premise and remove such equipment without prior notification.

6. Disclaimers/Limitation Of Liability
You specifically agree that Digis shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using DIA. You specifically agree that Digis is not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Digis is not responsible for any content sent using and/or included in DIA by you or any third party.
YOUR USE OF DIA, ALL DIA SOFTWARE, EQUIPMENT OR SOFTWARE PROVIDED BY DIA OR ITS DESIGNATED SERVICE PROVIDERS, AND DIA SERVICES (INCLUDING INSTALLATION SERVICES) IS AT YOUR OWN RISK. DIGIS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, SPEED, AND ACCURACY OF DIA FOR ANY PURPOSE. DIA AND ALL RELATED EQUIPMENT, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND. DIGIS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS DO NOT WARRANT THAT ACCESS TO OR USE OF DIA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SUBSCRIBERS WILL BE ABLE TO ACCESS DIA AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT DIA, DIA SOFTWARE, SERVICES OR RELATED EQUIPMENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. DIGIS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO DIA AND ALL RELATED SERVICES, SOFTWARE AND EQUIPMENT, INCLUDING WITHOUT LIMITATION, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL DIGIS, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF DIA, ANY DIA SOFTWARE, DIA SERVICES (INCLUDING INSTALLATION SERVICES), RELATED EQUIPMENT OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE DIA, ANY DIA SOFTWARE, RELATED EQUIPMENT OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES (INCLUDING INSTALLATION SERVICES), LOST, DAMAGED, OR DESTROYED E-MAIL OR THE FAILURE TO DELIVER ANY E-MAIL OR OTHER CONTENT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH DIA, OR OTHERWISE ARISING OUT OF THE USE OF DIA, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DIGIS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
DIGIS' LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO DIGIS FOR ACCESS TO AND USE OF DIA. YOU HEREBY RELEASE DIGIS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF DIA, OR WITH ANY OF THESE TERMS OF USE, AND IF YOUR ACCOUNT IS NOT PART OF A GROUP ACCOUNT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR A DIA ACCOUNT OR TO TERMINATE YOUR DIA ACCOUNT (WHICH MAY RESULT IN TERMINATION FEES IF APPLICABLE TO YOUR PARTICULAR SERVICE PLAN).

7. Indemnification
You agree to indemnify and hold Digis, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on DIA. Digis will notify you within a reasonable period of time of any claim for which Digis seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Digis' interests, as reasonably determined by Digis.

8. Notices; Consent
Notices given by Digis to you may be given by e-mail, by a general posting on http://www.digis.net, by telephone, or by postal mail. Notices given by you to Digis must be given by e-mail via info@digis.net, or by postal mail. Notices to Digis by postal mail must be sent to Digis, Attention: Customer Service, 220 N 1300 W, Pleasant Grove, Utah 84062.

9. No 'Spam'; Damages
Digis may immediately terminate any subscriber account that it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay Digis liquidated damages of five dollars (U.S. $5.00) for each piece of 'spam' or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay Digis' actual damages, to the extent such actual damages can be reasonably calculated. You agree that Digis may charge such damages to your Designated Account as specified by you for payment of DIA charges.

10. General
10.1 Except where prohibited by applicable law, this Agreement is governed by the laws of the State of Utah, USA, and you consent to the exclusive jurisdiction and venue of courts in Utah County or Salt Lake County, Utah for all disputes arising out of or relating to your use of DIA or your DIA subscription.
10.2 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Digis as a result of your use of DIA or your DIA subscription. You agree not to represent yourself to be a representative, agent, or employee of Digis and that Digis will not be liable by reason of any representation, act or omission to act by you.
10.3 Digis reserves the right to disclose any personal information about you or your use of DIA, without your prior permission, if Digis has a good faith belief that such action is necessary to: (1) comply with governmental, court and law enforcement requests or requirements; (2) protect and defend the rights or property of Digis or its affiliated companies; (3) enforce this Agreement; or (4) act to protect the interests of its subscribers, members or others. Digis' performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Digis' right to comply with governmental, court and law enforcement requests or requirements relating to your use of DIA or information provided to or gathered by Digis with respect to such use.
10.4 This Agreement along with the terms and conditions for your particular price plan or promotional offer constitute the entire agreement between Digis and you with respect to your use of DIA and your DIA subscription (excluding the use of any software which may be subject to an end-user license agreement), and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Digis and you with respect to DIA.
10.5 Digis may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement.
10.6 A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Digis agree that any cause of action arising out of or related to DIA must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

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