Kingsburg Media Foundation’s Customer Agreement

In consideration of the Terms, Conditions and Covenants listed above in this agreement (the “Agreement”), the Customer (as indicated above) and Kingsburg Media Foundation, Inc. (“KMF”) agree as follows

Purpose

The Customer wishes to enter into an agreement with KMF for Internet service (“Services”) for the above-listed Service Address (the “Property”). In order to provide Services to the Property, KMF may install certain equipment and wiring at the Property.

Terms

The Customer agrees that the Term of this Agreement starts on the date KMF activates the Services and continues for as long as services are rendered.  Customer agrees to 12 months of service at the time of acceptance. Any remaining time on contract for any early termination will be billed the remainder of the contract.

Installation Fees

Customer shall pay for any installation fee(s) listed in this Agreement.

Authorization

Customer authorizes KMF, its employees, agents and independent contractors (“Authorized Parties”), to enter onto the Property to install and maintain any equipment and wiring necessary for Customer to receive the Services (collectively, “Permitted Equipment”). Customer represents and warrants to KMF that Customer has full authority to enter into this Agreement, without obtaining approval of any other person, and acknowledges that KMF is relying upon such representation and warranty to proceed with installation of any required Permitted Equipment. Customer agrees to indemnify KMF for any liability arising out of or in any way connected to acts reasonably performed by KMF in reliance on Customer’s representations of authority. Additionally, in the event that KMF arrives on location for the installation of the Permitted Equipment, or activation of the Services, and the Customer does not or did not have the authority to authorize the installation, resulting in KMF having to remove equipment, relocate its equipment or reschedule the installation, Customer may be subject to a technician roll-out charge of ONE HUNDRED SEVENTY DOLLARS ($170.00).

Service Fees

The Customer agrees to pay the monthly fee indicated above (“Monthly Recurring Fee”) for each month of Service. All payments are due 20 days after invoice date when paying by check or due upon receipt if paying by credit card. All payments received 10 days past due date will be considered late and subject to a $10.00 late fee. All accounts shut off for non-payment or suspended outside of Agreement terms, are subject to a minimum service fee $20.00 per month, or prorated amount thereof, and may be subject to a reactivation fee of $25.00.

Payment

Installation fees and first month’s service fees are due once the Services are activated. Payment may be made by credit card or debit card. Enterprise customers may request to pay via check with a Net 20 term. Recurring monthly payments will be automatically debited monthly using the debit card or credit card on file. Refunds will be handled on a case-by-case basis.

• Credit/Debit Card Authorization; Billing Customer authorizes KMF to charge Customer’s credit card or debit card for the Services, and all charges due to KMF under the Agreement. In the event Customer’s payment method fails to provide payment to KMF for any reason, Customer shall remain liable for amounts due under this Agreement and shall provide another card or method of payment to KMF. Customer is responsible to maintain current payment information with KMF using the Customer Relationship Management Portal at https://www.kbmf.org
• Managed Services When Customer subscribes to any Managed Service KMF offers, Customer agrees to the terms set forth in this agreement. KMF will provide remote assistance for Managed Services at no additional costs.

Guarantee of Service

KMF offers “Asymmetrical,” “Symmetrical” and “Enterprise” plan types. “Asymmetrical” and “Symmetrical” are burstable plans. The upload and download speeds listed in the “Symmetrical” and “Asymmetrical” plan descriptions are Maximum Information Rates (MIRs). The Committed Information Rates (CIRs) for “Asymmetrical” and “Symmetrical” plans are 80% of the Maximum Information Rates (MIRs). The Committed Information Rates (CIRs) for “Enterprise” plans are 100% of the listed Maximum Information Rates (MIR’s).

Service Level Agreements (SLA’s)

Upgrading or Downgrading Service Plan Levels The Customer may “Upgrade” to a higher “tier level” of Services at any time. The Customer may “Downgrade” Symmetrical or Asymmetrical plans to a lower “tier level” of Services any time.

Equipment Recovery

Upon termination of a Service for any reason, KMF or its representative will contact Customer to schedule a mutually acceptable time and date for retrieval of KMF Equipment located on Customer’s premises. Alternatively, KMF may request that Customer package KMF Equipment and return it to a location identified by KMF. If Customer does not provide KMF with access to its premises to allow KMF to recover the KMF Equipment within thirty (30) days following KMF’s contact, or if Customer does not ship the KMF Equipment to KMF within the thirty (30) days, then Customer is responsible to pay the market value replacement cost of such equipment. Upon Termination of a Managed Service, Customer is responsible to return the Managed Service equipment to Kingsburg Media Foundation 2030 Mariposa St. Kingsburg, CA 93631. If the Customer chooses to ship, use the same address as noted in this section; please package the equipment with care to reduce the potential for equipment damage. If the Managed Service equipment is received in damaged condition, or not received, Customer will be billed and is responsible to pay market value replacement cost for the Managed Service item(s).

Moving or Transferring Service

If Customer moves to a location outside of the KMF coverage area Equipment Recovery rules will apply. In the event Customer moves locations within KMF’s coverage area, Customer may be subject to a ONE HUNDRED DOLLARS ($100.00) fee for KMF technicians to transfer Services to the new location.

Filtering

In the case of excessive bandwidth usage by peer-to-peer file sharing programs, compromised file servers or abusive packets originating from Customer’s connection, KMF reserves the right to throttle or shape Customer’s traffic to allow fair network conditions for its customers. All customers should realize this is in the best interest of business class connectivity.

Security

Customers are required to have a properly configured and installed router between our network and their private network. This router must contain firewall configurations to ensure any internal problems/malware does not affect KMF’s network. Failure to comply will result in a connection block until such device is properly configured.

Entire Service Agreement

• Severability This Agreement sets forth the entire understanding and agreement between Customer and KMF and may be changed with written notice where expressly noted. In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.
• Changes in Agreement Terms We reserve the right to change the Terms and Conditions on which we offer Service. If we make any such changes, we will send you a copy of your new Customer Agreement containing its effective date. If you elect not to cancel your Service after receiving a new Customer Agreement, your continued receipt of Service constitutes acceptance of the changed terms and conditions. If you notify us that you do not accept such terms and conditions, then we may cancel your Service upon 30-day written notice to you, as we cannot offer Service to different customers on different terms, among other reasons.

Limitation of Liability

The total cumulative liability of KMF, its employees, officers, directors, representatives and agents (hereinafter collectively called “the KMF parties”), if any, for costs, losses, or damages from all claims, actions or suits howsoever caused or arising out of or in connection with this Agreement shall be limited to direct damages and shall not exceed the greater of: (i) the amount of payments received by KMF from customer for the twelve (12) months prior to the occurrence of the event(s) giving rise to any claims, actions or suits or (ii) any amounts payable and actually paid to the customer or KMF, as applicable, under any applicable insurance policies then in effect. In no event shall the KMF parties or any member thereof be liable for any special, consequential, incidental, exemplary, punitive or other indirect damages, for loss of profits, loss of use or loss of data, howsoever caused or arising and regardless of legal theory or foreseeability. No claims may be asserted by either party against the other with respect to any act, event or omission that occurred more than eighteen (18) months prior to such claims, actions or suits being asserted.

Acceptable Use Policy

This Agreement is subject to KMF’s Acceptable Use Policy (“AUP”), which is incorporated by reference and may be modified from time to time at KMF’s sole discretion to improve network conditions, conform to industry standards and respond to legal and economic changes impacting the provision of the Services, as defined below. The current AUP can be found at www.kbmf.org/use-policy.html.

Arbitration

The parties agree that any disputes between the parties, their employees, their owners, officers or directors shall be resolved by binding arbitration pursuant to the Federal Arbitration Act. The arbitration shall be held in Fresno County, California, and the arbitrator shall apply the substantive law of California, which shall govern this dispute. The parties shall share equally the cost of arbitration.

Attorney’s Fees

If either party brings legal action to enforce or interpret this Agreement, the prevailing party shall be entitled to its reasonable attorney’s fees and costs.

Venue

This Agreement will be governed by California law and any dispute will be venued in Fresno County, California.

Text Messaging and Telephone Calls

You agree that KMF may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Kingsburg Media Foundation account, including for KMF marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. Customer and the individual agreeing represent that such individual has the authority to bind Customer to this Agreement and authorizes KMF to be able to contact and send SMS messages to any/all contacts listed on said account. You also understand that you may opt out of receiving text messages from KMF at any time, either by replying the word “STOP” using the mobile device that is receiving the messages, or by contacting KMF support to Opt-In.

Entire Agreement

This Agreement supersedes all prior Agreements, if any. It can only be changed by a written Agreement signed by parties. If any part of this Agreement is deemed unenforceable, the remaining portions will continue in full force and effect. A waiver of a breach of any portion of this Agreement will not be considered to be a waiver of any future breaches.