StateCollegeInternet STUDENT SERVICE SUBSCRIPTION AGREEMENT

  1. AGREEMENT

This is an agreement between Getwireless.net, Inc. DBA StateCollegeInternet.com (Getwireless.net, Inc, “the Company”), a Pennsylvania Corporation, having its primary place of business at 220 Regent Court, State College, PA 16801 and the Individual signing this agreement (“Subscriber” or “You”) for subscription to StateCollegeInternet’s broadband service (“the Service”). By establishing an account, using the Service and/or CPE equipment or indicating agreement through the Company’s website or in person, You agree to be bound by this Subscription Agreement and to use the Service in compliance with the Acceptable Use Policy (“the Agreements”) which can be found by visiting http://www.statecollegeinternet.net/aup.phtml.

  1. TERM

Your account Billing Start Date is September 1 or the day you subscribe to the Service, whichever is later, as indicated on your first invoice. The Initial Term of this Subscription Agreement is for twelve months following your Billing Start Date. Service terminations prior to the completion of the initial term are subject to a one-hundred and forty-nine ($149) early-termination fee.

  1. THE SERVICE

The Service includes: (a) StateCollegeInternet’s High-Speed Internet Access for one (1) Apartment & Free use of Getwireless.net CPE (b) The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of StateCollegeInternet. StateCollegeInternet provides the Service on a “best effort” basis. Due to the nature of the Internet, and the many factors beyond the Company’s control, the Company cannot provide guarantees regarding connection speeds or availability upload or download speeds.

  1. CANCELLATION

To cancel the Service, you must contact us 30 days in advance by calling (814) 325-2382 or send an email to cancellations@statecollegeinternet.com. You may also send registered or certified mail, return receipt requested to StateCollegeInternet, 220 Regent Court, Suite B, State College, PA 16801, ATTN: Customer Service. Your Service Cancellation will ONLY be complete once you have been provided verbally or electronically with a cancellation confirmation number. If you have sent certified or registered mail, your receipt may also be considered confirmation of cancellation. To prevent any additional charges, you must return all CPE provided to you by StateCollegeInternet within 30 days of termination of service at the noted service location. Due to the Company’s collection procedures, the Company CANNOT accept any CPE returned after 30 days of your cancellation date. Additional charges for unreturned CPE will only apply if you have assumed responsibility for CPE checklist on the other side of this form. If CPE provided by StateCollegeInternet is not returned, you will be charged based on the following price list, which includes handling and administrative charges related: BROADBAND Adapter/Modem -$199.95; ETHERNET CABLES – $9.95 ea; PHONE FILTER/SPLITTER – $9.95 ea; WIRELESS ROUTER – $149.00; MODEM POWER SUPPLY – $29.95.

StateCollegeInternet is providing equipment to you for your use of the Service. StateCollegeInternet, in its discretion, may replace equipment due to manufacturer’s defect at no cost to you under the following circumstances: The equipment failure was not due to negligence on your behalf for example but not limited to physical damage, liquid spills, electrical power surge, etc.

  1. ACCOUNT REQUIREMENTS

In order to receive the Service: (a) You must be at least 18 years old and provide us with valid account information as required on the reverse of this form. (b) Your computer should be running a Microsoft mainstream-supported Windows operating system (on PC) or an Apple-supported OS X operating system (on Mac). Visit the Microsoft Windows lifecycle fact sheet or Mac OS X Support Overview for their latest operating system information. (c) You should use a recent version of one of the following browsers for the best speeds: Chrome, Firefox, or Safari. For more information about different browsers or to download a new one, visit http://whatbrowser.org/. (d) Your computer should have a 10/100/1000 Fast Ethernet interface or adapter for when you use a wired connection, or to troubleshoot your connection.

  1. PAYMENT & PRICE

You will be charged according to the service plan selected on the front of this form or at the time of signup on the website. Unless otherwise selected on the front of this form, your account will be invoiced automatically by StateCollegeInternet on or about the first day of each month. StateCollegeInternet may charge you federal, state, and/or local taxes and other applicable fees, as required by law. StateCollegeInternet may offer from time to time certain promotions with different terms, activation fees, and monthly charges. StateCollegeInternet reserves the right to change the price of the Service at any time after the initial term upon 30 days notice to Subscriber. Current rates may also be obtained by calling (814) 325-2382 or visiting StateCollegeInternet. You must provide accurate billing information including legal name, address, telephone number, and social security number information, and report all changes to this information immediately. You are responsible for any charges to your account. Questions regarding charges to an account should be directed to Customer Service Department at (814) 325-2382. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old. Charges are billed to your credit card or debit card, as applicable, each month for the Service and any additional usage or services, or paid by you monthly by credit card, check or money order. No cash payment will be accepted. StateCollegeInternet is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by StateCollegeInternet. Payment by is due by the date indicated on each invoice. A five dollar ($5) late charge will be applied to invoices not paid by the noted due date. Any charges which are 60 days or more overdue may be referred by StateCollegeInternet to an outside collection agency. Subscriber will be held responsible for all costs related to such collection efforts.

  1. YOUR ACCOUNT, PASSWORD, AND SECURITY

Upon registration, you will receive a username, password, and account designation. You are solely responsible for the use of the Service. You must keep your password confidential so that no one else may access the Services through your account. You must notify StateCollegeInternet immediately upon discovering any unauthorized use of your account. Unless you purchase a Static IP address, you will be allocated a Dynamic IP address. StateCollegeInternet technical support shall be limited to StateCollegeInternet-provided services, software and/or unmodified hardware. Under this agreement, service is provided to the Subscriber and subscriber’s apartment only, and reselling or redistribution of the Service in any way is prohibited. A minimum charge of $250 will be levied on any Subscriber found to be reselling or redistributing the Service in any manner not approved by StateCollegeInternet.

  1. INSTALLATION

StateCollegeInternet may provide you with an installation kit containing Equipment (“the Equipment” or “CPE”) for use by you and/or your roommates while subscribing to the Service. If the relationship is terminated by either party (You or StateCollegeInternet) before your service is activated, or if the service is unavailable at your residence, or the wiring in your apartment prohibits the delivery of service, you must return the full kit with all of its original packaging to StateCollegeInternet within 30 days of receipt of the equipment in order to avoid charges as specified in section 4 of this agreement. Contents of the kit may change from time to time, but shall always be noted in Section 4 Equipment Acceptance on the reverse of this form. If you are unable to perform self-installation using the kit, StateCollegeInternet will provide a trained technician to install the service for you. The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. StateCollegeInternet and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation of hardware (such as a Network Interface Card) or software. STATECOLLEGEINTERNET DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, STATECOLLEGEINTERNET SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION. THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT. StateCollegeInternet will make its best effort to provide the Service. Because of the complex nature of broadband services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, StateCollegeInternet may cancel the installation process and refund any money that you have paid. StateCollegeInternet will notify you of its intent to cancel as soon as reasonably possible. It may take 10 or more days to determine if StateCollegeInternet is able to provide service. StateCollegeInternet shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.

  1. SERVICE CALLS AND SITE VISITS

StateCollegeInternet will provide on-site troubleshooting for any equipment that is used to provide a connection to your apartment. Normal troubleshooting steps must be attempted before a visit by a technician will be scheduled. Refusal of basic troubleshooting steps could result in degraded service or extended outages. StateCollegeInternet reserves the right to bill for a service call if basic troubleshooting was refused, not properly followed or ignored and customer still wants a service visit. If it is determined at the service visit that the issue was a not a result of faulty StateCollegeInternet owned equipment then there will be a charge for the visit, this determination will reside solely with the StateCollegeInternet service manager. StateCollegeInternet also reserves the right to bill for a service call if the equipment we provided was moved, modified or damaged in any way, and this was not disclosed during the basic troubleshooting process. If the equipment was damaged due to neglect you will be billed for the damaged equipment as well.

  1. DISCLAIMERS

CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH STATECOLLEGEINTERNET TO YOU AT NO ADDITIONAL CHARGE. STATECOLLEGEINTERNET WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, STATECOLLEGEINTERNET OR ITS AGENT MAY REPLACE A DEFECTIVE MODEM OR OTHER CPE DEVICE ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER.THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF STATECOLLEGEINTERNET’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN STATECOLLEGEINTERNET OR ITS CONTRACTOR. STATECOLLEGEINTERNET RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. STATECOLLEGEINTERNET WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF STATECOLLEGEINTERNET’S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STATECOLLEGEINTERNET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. STATECOLLEGEINTERNET MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH STATECOLLEGEINTERNET OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY STATECOLLEGEINTERNET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. STATECOLLEGEINTERNET AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, STATECOLLEGEINTERNET’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A SERVICE PERIOD. STATECOLLEGEINTERNET SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF STATECOLLEGEINTERNET, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST STATECOLLEGEINTERNET IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

  1. JURISDICTION

Under PA Civil Code, subscribers who are residents of Pennsylvania are entitled to specific consumer rights information. This Agreement is governed by PA law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration Any such arbitration will be governed by PA law and will be held in PA. The arbitrator will be an expert in the field of Internet services. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement.

  1. MISCELLANEOUS

This Agreement, the Acceptable Use Policy, and StateCollegeInternet’s other Agreements and policies posted on StateCollegeInternet’s Web site constitute the entire agreement between you and StateCollegeInternet with respect to your use of the Service. StateCollegeInternet may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the company’s Website (www.statecollegeinternet.com) and/or on your start pages and/or by email and/or in our various publications and mailings to you. In the event that any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain valid and shall be enforced according to its terms. Effective 7/1/2017.

13. Collection Agency Fees:

I understand and accept that if I fail to pay my account balance or any monies due and owing Get Wireless, Inc. by the scheduled due date and fail to make acceptable payment arrangements to bring my account current, Get Wireless, Inc. may refer my delinquent account to a collection agency. I further understand that if Get Wireless, Inc. refers my account balance to a third party for collection, a collection fee will be assessed and will be due in full at the time of the referral to the third party. The collection fee will be calculated at the maximum amount permitted by applicable law, but not to exceed 33.3% of the amount outstanding. For purposes of this provision, the third party may be a debt collection company or an attorney. If a lawsuit is filed to recover an outstanding balance, I shall also be responsible for any costs associated with the lawsuit such as court costs or other applicable costs. Finally, I understand that my delinquent account may be reported to one or more of the national credit bureaus.