Federal Way City Hall Facility
 
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Service Agreement and Use Policy

Effective JULY 30, 2008

IMPORTANT NOTICE: BY ACTIVATING OR USING THE FEDERALWAYWIRELESS SERVICE OR EQUIPMENT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW. PLEASE READ THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW CAREFULLY AS THEY, AMONG OTHER THINGS, ESTABLISH YOUR LIABILITY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW, YOU MAY NOT USE THE FEDERALWAYWIRELESS SERVICE

This is your agreement with FederalWayWireless (“FederalWayWireless,” “FWW”, “we,” “our,” or “us”) for the provision of fixed wireless broadband services (the “Service”) in accordance with the Terms and Conditions set forth below (the “Terms”), FWW’s Acceptable Use Policy (AUP) and other policies as FWW may adopt (collectively, “Policies”), each as they may be amended from time to time and as may be posted from time to time at the FWW website at www.FederalWayWireless.com. FWW reserves the right to modify any Acceptable Use Policy in its discretion at any time. Additional terms, restrictions, and limitations may be set forth in authorized service plan descriptions provided to you by FWW or posted at www.FederalWayWireless.com (each, a “Service Plan”), and all such terms, restrictions, and limitations are incorporated herein by reference and you agree these are binding upon you. If the Service, in whole or in part, is subject to any tariffs filed by FWW (“Tariffs”), then you further agree that such Service will also be governed by the terms of any such Tariffs. Any the order form submitted by you to FWW (“the Order Form”), Terms, Policies, any applicable Tariffs, and the Service Plans together constitute your agreement (the “Agreement”) between you and FWW. In the event of a direct inconsistency, except as otherwise expressly stated in any of the foregoing, the Terms will control. You do not have the authority to vary, alter or amend any of the provisions of the Agreement. The provisions of this Agreement will control over any statement appearing as a restrictive endorsement or other language which purports to modify a right, obligation or liability of either party on any document you may send to FWW. Current versions of FWW’s Terms, applicable Policies, and Service Plans can be found at www.FederalWayWireless.com. By (a) initiating, activating or using the Service, and/or (b) providing or authorizing a written or electronic signature or otherwise so indicating electronically, you will have been deemed to have accepted the current version of the provisions of the Agreement (i.e., the Order Form, the Terms, your Service Plan, any applicable Tariffs, and the Policies) (or ratified any previous consent to the same). As these provisions of the Agreement may be updated from time to time, you agree to regularly check your postal mail, e-mail and all postings on the FWW website at www.FederalWayWireless.com or on another website about which you have been notified and bear the risk of failing to do so. You acknowledge that you have read and understood, and you agree to, each of the provisions of the Agreement, and you represent and warrant that you are of legal age and authorized to enter the Agreement and to accept and agree to become bound by its terms. The Agreement governs both the Service and any Equipment (as defined below) used in conjunction with the Service. The Agreement applies to you and to anyone who uses the Service or Equipment sold or rented to you. You agree FWW may change the provisions of the Agreement from time to time, and agree that electronic notices to you will be considered given and effective on the date posted to the “Service Announcements” section of FWW’s website (currently located at http://www.FederalWayWireless.com). Such changes will become binding on you on the date posted to the FWW website and no further notice by FWW is required. See Attachment A for further definitions.

1. FWW’s Responsibilities

Subject to your compliance with the Agreement, FWW will provide you with wireless connections to the FWW network. FWW’s responsibility for the Service ends at the FWW Equipment. FWW will not maintain or in any way be responsible for any software, cables, or hardware attached to the Equipment or in any way related or unrelated to the use of Service, including your internal network. FWW will not provide customer care support.

2. Your Responsibilities

You will assure that you or your users’ use of the Service and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. You are liable for any and all liability that may arise out of the content transmitted by or to you or any person, whether authorized or unauthorized, using the Service and/or Equipment provided to you (“Users”). You will assure that your or Users’ use of the Service and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. FWW reserves the right to terminate and/or remove you or any other user from the Service if FWW determines that such use or content does not conform with the requirements set forth in the Agreement (including, but not limited to these Terms and the Policies), or interferes with FWW’s ability to provide service to you or others, or receives notice from anyone that you or your users’ use or content may violate any laws or regulations. FWW’s actions or inaction under this Section will not constitute review or approval of your or Users’ use or content. You will defend, indemnify and hold FWW, its affiliates, and its agents harmless against any and all liability arising from the content transmitted by or to you or to users using the Service. The foregoing sentence will survive termination or expiration of the Agreement for any reason.

3. Intended Use of the Service; Acceptable Use Policy

(A) You may not reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, directly or indirectly transfer, distribute or exploit any portion of the Service without FWW’s prior written consent. You will not use the Service in a manner prohibited by any federal, state, or local law or regulation, and will abide by FWW’s Policies, which set forth additional rules that govern your activity in connection with the Service. Without limiting the foregoing, you may not use the Equipment or Service, or allow the Equipment or Service to be used, for any abusive purpose or in any way that damages FWW’s property or interferes with or disrupts FWW’s network or other users. You may not attempt to circumvent user authentication or security of any host, network, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for you, logging into a server or account that you are not expressly authorized to access, or probing the security of other networks. You may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. You may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s session, by any means, locally or via the Internet. You may not use the Service or take any action that will result in excessive consumption or utilization of FWW’s system or network resources, or which may weaken network performance, or which adversely affects the performance of the Service for other FWW customers, all as determined in FWW’s sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at your Premises, continuously uploading or downloading streaming video or audio, usenet hosting, or continuous FTP uploading or downloading. In the event that FWW detects excessive use by you, FWW will restrict your access to FWW’s network. FWW has the right but not the obligation to restrict any uses of the Equipment or Service that FWW believes in its sole discretion violate the Agreement or applicable law.

(B) These services must be used solely for lawful and intended purposes. No one shall Use or aid anyone else in Using it to transmit, distribute or store material: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations, or this Policy; or (2) that may expose FWW to criminal or civil liability. Customers and Users are further prohibited from assisting any other person in violating any part of this Policy. Any Customer or User FWW determines has violated any element of this Policy may be subject to a temporary or permanent suspension of service, including, if FWW deems it necessary, immediate suspension or termination of such Customer's or User's service without notice. FWW may take such further action as it deems appropriate under the circumstances to eliminate or preclude repeat violations. The Customer will protect, defend and indemnify FWW from any liability whatsoever arising out of any violation of the Appropriate Use FWW shall not be liable for any damages of any nature suffered by any Customer, User, or any third party.

(C) FWW takes no responsibility for any material created or accessible on or through the Service. No user or customer should hold an expectation of privacy with respect to any matter transmitted over or by the Service. By entering into this contract with FWW, the Customer acknowledges and accepts the absence of privacy in transmitting or using the Service. FWW may monitor the Service traffic for maintenance or repair or to determine usage of the Service. FWW does not plan to exercise any editorial control over material transmitted over or by the Service, but reserves the right to do so consistent with applicable laws. If FWW becomes aware that any material may violate this Policy, FWW reserves the right to block access to such material and to suspend or terminate any User or Customer creating, storing or disseminating such material. FWW further reserves the right to cooperate with cable system representatives, legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of any User or Customer.

(D) Customers and Users shall not Use the Service to transmit or distribute material not permitted under FWW’s franchise Contracts, permits, or other Contracts with or grants to cable television or communications companies. Customers and Users shall not Use the Service to transmit or distribute unlawful material or information containing fraudulent material, or to make any offer containing unlawful, false, deceptive, or misleading statements, claims, or representations. In addition, Customers and Users are prohibited from submitting any unlawful, false or inaccurate information regarding the Service’s use to the City or any other Person.

(E) Customers and Users shall not use the Service to transmit, distribute or store material that is unlawful, including but not limited to material that is indecent, obscene, pornographic defamatory, libelous, or not Constitutionally protected. The Parties agree that law enforcement may intentionally receive and store information or materials that may be indecent, obscene, pornographic, defamatory or libelous. Such use by law enforcement, as part of its law enforcement activities shall not be considered a violation of this Appropriate Use Policy. Customers and Users shall not use material in any unlawful manner that would infringe, violate, dilute or is appropriate any Person's protection under privacy, publicity, or other personal rights or intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. The use of a domain name in connection with any of the Service shall not violate the trademark, service mark, or similar rights of any third party.

(F) Customers and Users shall not use the Service to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Service, to any other network or equipment, or to other Customers or Users.

(G) Customers and Users may have access through The Service to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or Contracts to govern their use. Users must adhere to any such rules, guidelines, or Contracts. Users who post messages to Usenet news groups are responsible for becoming familiar with any written charter or FAQ governing use of such news groups and complying therewith.

(H) The Parties and Users shall not Use The Service to violate or attempt to violate the security of any Person or network, including, without limitation, (a) accessing data not intended for FWW, Customer or User or logging into a server or account which FWW, Customer or User is not authorized to access, (b) impersonating FWW personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing" without proper authorization (e) forging any TCP/IP packet header or any part of the header information in any e-mail or news group posting, (f) taking any action in order to obtain services to which such Customer or User is not entitled, or (g) attempting to utilize another Customer's or User's account name or persona without that Person's authorization. Customers and Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for The Service services. Security violations may result in civil or criminal liability. FWW will investigate occurrences which may include such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers and Users who are involved in such violations.

4. Content and Materials Accessible on the Internet

You acknowledge that there are materials and content on the Internet or otherwise accessible through the Service which may not be in compliance with all federal, state, and local laws and regulations, and which may be sexually explicit, offensive, or otherwise objectionable to you. FWW assumes no responsibility for and exercises no control over the content or materials contained on the Internet or that is otherwise accessible through the Service. You access such materials at your own risk. If you decide to let children under the age of eighteen access the Service, FWW strongly recommends that you supervise their usage.

5. Illegal and Fraudulent Activity

You acknowledge that FWW may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Subscribers who violate systems or network security requirements may incur criminal and/or civil liability. FWW may immediately suspend or terminate your access if FWW suspects abuse or fraudulent use of the Service, interference with our network, or violation of the Agreement. You will cooperate with us in any fraud investigation and use any fraud prevention measures FWW prescribes. Your failure to provide reasonable cooperation may result in your liability for all fraudulent usage.

6. Privacy; Monitoring the service

FWW is under no obligation to monitor the Service, but FWW may do so from time to time. You agree that FWW may disclose any information regarding you or your use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, legal process or governmental requests, or in order to operate and deliver the Service in an efficient manner, or to otherwise protect FWW’s property or legal interests and those of its subscribers, and others or to ensure your compliance with the Agreement. See also any Privacy Policy at www.FederalWayWireless.com.

7. Termination/Suspension/Discontinuance and Reactivation of Service

FWW reserves the right to suspend or discontinue providing the access generally, or to terminate your access, either in whole or in part, at any time in its sole discretion.

8. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

(A) EXCEPT AS EXPRESSLY SET FORTH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ACCESS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND FWW DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SECURITY, VIRUSES, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FWW ALSO DISCLAIMS ANY COMMON-LAW DUTIES RELATING TO ACCURACY OR LACK OF NEGLIGENCE. IN ADDITION, THERE IS NO WARRANTY OF TITLE, AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR EQUIPMENT, OR AGAINST INFRINGEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS, WRITTEN OR ELECTRONIC, OR BY ANY FWW’S EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY FWW. NEITHER FWW NOR ITS AFFILIATES OR SUPPLIERS WARRANT THAT THE ACCESS WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING OR DESTRUCTIVE PROPERTIES. WITHOUT LIMITING THE FOREGOING, THE QUALITY OF THE SERVICE MAY BE AFFECTED BY CONDITIONS WITHIN OR BEYOND OUR CONTROL, INCLUDING ATMOSPHERIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS, OVERALL NETWORK USAGE LEVELS, NETWORK SIGNAL QUALITY, USER AND THIRD PARTY EQUIPMENT PERFORMANCE, INTERNET TRAFFIC LEVELS, AND OTHER FACTORS. WITHOUT LIMITING THE FOREGOING, FWW WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE DUE TO ANY EVENTS. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, EQUIPMENT MODIFICATIONS OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF FWW. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR THE RECONSTRUCTION OF ANY LOST DATA OR FILES. ALTHOUGH MEASURES ARE EMPLOYED, FWW CANNOT AND DOES NOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMISSION OR STORAGE, PRIVACY, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE.

(B) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FWW NOR ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO FWW HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY; (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, PRODUCTS, OR RIGHTS; (III) FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET; (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS; OR (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER’S DATA. THESE EXCLUSIONS AND LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER BASIS, AND APPLY WHETHER OR NOT FWW WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. IN ADDITION, THESE EXCLUSIONS AND LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH FWW, OR CLAIM AGAINST FWW, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

9. Privacy

FWW Service utilizes, in whole or in part, the public Internet and third party networks. FWW is not liable for any lack of privacy which may be experienced with regard to the Service

10. Indemnification

You will defend, indemnify, and hold FWW, its affiliates, and their directors, officers, employees, agents, and shareholders and any other service provider or supplier (collectively, the “FWW Parties”) harmless against any and all claims, losses, damages, and liabilities sustained by the FWW Parties resulting from, arising out of the Agreement, the Service, the Equipment, any breach or non-fulfillment of any representation, warranty, or covenant by you set forth in the Agreement or from your use of the Equipment or the Service. You also agree to pay FWW’s reasonable attorneys’ and expert witness fees and costs incurred in enforcing the Agreement, including any such fees incurred in connection with any appeal. This paragraph will survive termination or expiration of the Agreement for any reason.

11. Entire Agreement/Severability

This Agreement, including the Order Form, the Terms, your Service Plan, applicable Tariffs, and the Policies (each as they may be amended from time to time) together contain the entire agreement and understanding concerning the Service and Equipment and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written, or oral. In the event that it is determined by a court of competent jurisdiction as a part of a final nonappealable judgment that any provision of the Agreement (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.

12. ARBITRATION; CHOICE OF LAW; STATUTE OF LIMITATIONS; JURY WAIVER

THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF WASHINGTON WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) THEN IN EFFECT. THE SOLE PLACE FOR ARBITRATION WILL BE KING COUNTY, WASHINGTON, UNLESS THAT LOCATION IS PROHIBITED BY LAW, IN WHICH CASE THE ARBITRATOR WILL SELECT THE LOCATION OF THE ARBITRATION. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, YOU AND FWW WILL EACH BEAR THEIR OWN EXPENSES, INCLUDING ATTORNEYS’ FEES, EXCEPT THAT PAYMENT OF THE FEES AND EXPENSES OF THE ARBITRATOR WILL BE GOVERNED BY THE RULES OF THE AAA. THIS DUTY TO ARBITRATE WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. ALL CLAIMS WILL BE ARBITRATED INDIVIDUALLY AND THERE WILL BE NO RIGHT OR BASIS FOR CONSOLIDATION, CLASS TREATMENT OR CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY (SUCH AS A PRIVATE ATTORNEY GENERAL) OF ANY CLAIM UNLESS PREVIOUSLY AGREED TO IN WRITING BY FWW. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THE AGREEMENT. YOU WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND FWW AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THE AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THE AGREEMENT WILL PREVENT FWW FROM SEEKING CONSERVATORY, PROTECTIVE OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION.

13. Service Distinctions.

You acknowledge and agree that the Service is not a telephone service. Important distinctions exist between telephone service and the Service offering provided by FWW. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before federal, state or local telecommunications regulatory agencies.

14. Retention of Rights; Network Address Ownership.

Nothing contained in this Agreement will be construed to limit FWW’s and its affiliates’ rights and remedies available at law or in equity. The internet protocol (“IP”) addresses that FWW assigns to you, including static IP addresses, are considered loaned to you, and not transferred or sold to you. You have no ownership or proprietary interest in such IP addresses. Such IP addresses will revert back to FWW upon the termination of your Service for any reason, or earlier if such change in IP address is reasonably necessary in the conduct of FWW’s business. You will not assign to any other person the IP address assigned to you. You will not program any other IP address into the Equipment.

15. Amendments.

Subject to applicable law, FWW may in its sole discretion amend any part of the Service or provision of the Agreement. FWW will provide notice to you of any material modification. Such notice will be effective by posting it on the FWW website at www.FederalWayWireless.com or on another web site about which you have been notified, or by sending notice via e-mail, first class U.S. postal mail, or overnight mail to your physical address of record or the e-mail address on FWW’s account records. You agree that any one of the foregoing will constitute sufficient notice. If you do not agree to a modification that is materially disadvantageous to you, you may terminate the Agreement by written or e-mail notice as provided in these Terms within twenty (20) days of the date we send our notice, and you will not be charged any Early Termination Fee. If you use the Service or make any payment to us after FWW provides notice as specified above of a material modification, and do not provide termination notice to us within the specified time period as provided in these Terms, you agree to that change, retroactive to the announced effective date of the modification. Without limiting the foregoing, FWW may revise any Policy at any time, and such revisions will be effective immediately upon posting on FWW’s website, or providing written notice, whether electronic or otherwise, to you.

Attachment A - Definitions

ASP or Application Service Provider
A business that allows another organization to use, lease, or license a Web-based service or application which is hosted and/or managed by the business at an outside facility rather than at the organization's facility.

Asynchronous Transfer Mode (ATM)
A very high-speed transmission technology. ATM is a high bandwidth, low-delay Connection-oriented packet-like switching and multiplexing technique. Usable capacity is segmented into 53-byte fixed-size cells, consisting of header and information fields, allocated to services on demand.

Acceptable Use Policy (AUP)
The rules for running on the network.

Broadband
A WAN term. A transmission facility providing bandwidth greater than 45 Mbps (T3). Broadband systems generally are fiber optic in nature.

Call
A Call is an association between two or more users or between a user and a network entity that is established by the use of network capabilities. This association may have zero or more Connections.

Circuit
A point-to-point (Site-to-Site) ATM link, with defined operational characteristics. It may include various virtual Circuit types including T-l, TLS, or PVC. CLR or Cell Loss Ratio A negotiated QoS parameter wherein acceptable values are network specific. The objective is to minimize CLR provided the end-system adapts the traffic to the changing ATM layer transfer characteristics. The Cell Loss Ratio is defined for a Connection as: Lost Cells/Total Transmitted Cells. The CLR parameter is the value of CLR that the network agrees to offer as an objective over the lifetime of the Connection. It is expressed as an order of magnitude, having a range of 10-1 to 10-15 and unspecified.

Connection
An ATM Connection consists of concatenation of ATM Layer links in order to provide an end-to- end information transfer capability to access points. In switched virtual Connection (SVC) environments the LAN Emulation Management entities set up Connections between each other using UNI signaling.

Connectionless
Refers to ability of existing LANs to send data without previously establishing Connections.

Cell Transfer Delay (CTD)
This is defined as the elapsed time between a cell exit event at the measurement point I (e.g., at the source UNI) and the corresponding cell entry event at measurement point 2 (e.g., the destination UNI) for a particular Connection. The cell transfer delay between two measurement points is the sum of the total inter-ATM node transmission delay and the total ATM node processing delay.

Service Agreement and Use Policy, Privacy Policy
Support:  WiFiSupport@cityoffederalway.com