Federal Way City Hall Facility
Service Agreement and Use Policy
Effective JULY 30, 2008
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,
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.
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
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.
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.
A WAN term.
A transmission facility providing bandwidth greater than 45 Mbps (T3). Broadband systems generally are fiber optic in nature.
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.
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.
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.
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.