TERMS OF SERVICE

• Acceptable Use Policy (AUP)
• SPRY WIRELESS COMMUNICATIONS INC.   ACCEPTABLE USE POLICY
• (Updated and Effective November 2023)
• By subscribing to any residential or commercial broadband Internet and/or telephony service (collectively, the “Services” and individually, a “Service”) provided by SPRY WIRELESS COMMUNICATIONS INC. and/or CONCIERGE BROADBAND (“Spry”), Customer agrees not to use the Services for any unlawful purpose and to comply with all policies and terms of this Acceptable Use Policy (the “AUP” or “Policy”). This Policy, including its use restrictions, is in addition to the restrictions contained in Spry’s Master Services Agreement (“Service Agreement”), which Customer previously entered into with Spry. This Policy has been incorporated by reference into the Service Agreement.
• Please read this Policy carefully prior to accessing the Services. The term “Customer” refers to the subscriber and any user of the Service. By using the Services, Customer agrees to the terms of this Policy and will require others using the Service through Customer’s account to abide by the terms of this Policy. Spry regularly updates and amends this Policy (and may do so without notice at Spry’s discretion) and Customer should periodically consult Spry’s website to be sure Customer remains in compliance with this Policy. Customer’s continued use of the Service constitutes Customer’s continuing acceptance of and agreement to this Policy and any posted amendments to this Policy.
• Spry reserves the right to reclassify any Service to a higher grade or to immediately suspend or terminate any Service without prior notice for Customer’s failure to comply with any portion of this Policy or Service Agreement. (Please see the Service Agreement for details on the suspension and termination policy.) In the event of such termination, Customer will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Customer’s Services. Any violation of this Policy and Service Agreement may also lead to prosecution under state and/or federal law.  Spry will also provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property, and in the case where failure to disclose the information may lead to imminent harm to a Customer or others.
• Spry will access or collect the following customer data (Name, email address, location, user’s phone, contact book data, user’s inventory of installed apps, and user’s screen recording.) Data will not be sold to a third party. Data will be used to help improve the customer service experience. This policy also applies to any Spry Mobile Application.
• For copyright infringement claims, Customer understands, acknowledges and agrees that Spry may remove any content at any time that is alleged to infringe on a third party’s copyrights upon receiving a notice of infringement under the Digital Millennium Copyright Act (“DMCA”), and to terminate the Customer’s Service without prior notice if there is repeat infringement.  Please see the Spry DMCA Copyright Infringement Notification Process (https://sprywireless.com/DMCA) for details.
• PERMITTED USE. Customer’s permitted use of the Services will depend on whether Customer requests the Services for residential or commercial purposes.
  1. “Residential Service” includes all Services designated for personal and family use within a single home. The term “single home” means Customer’s home and includes any apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit. Customer agrees that only Customer and co-residents living in the same home will use the Services. The Services are being provided solely for residential use in Customer’s home and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Services is in violation of this Policy and the Service Agreement. Customer is solely responsible for any misuse of the Service that occurs through Customer’s account, whether by a member of Customer’s household, guests or an authorized or unauthorized third party. Customer shall not use, or allow others to use, the Service to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access. Customer shall not advertise that the Service is available for use by third parties or unauthorized users. Customer shall not resell or redistribute, or allow others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology.
• “Commercial Service” includes all Services designed for use by a business entity, or by an individual, in providing goods or services for sale or lease. Customer agrees that Customer will allow only Customer’s employees and patrons to utilize the Commercial Service within Customer’s office area. Commercial Service is provided solely for Customer’s business operations, and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service is in violation of this Policy and the Service Agreement. Customer is solely responsible for any misuse of the Service that occurs through Customer’s account, whether by a member of Customer’s employees, patrons, invitees, guests, or an authorized or unauthorized third party.
• GENERALLY PROHIBITED ACTIVITIES FOR ALL SERVICES.
  1. Misuse of Services – Customer is responsible for any misuse of the Services, regardless of whether the inappropriate activity was committed by an invitee, licensee, agent, servant, guest, patron, employee or any other person who gains access to the Services. Therefore, Customer is responsible to take steps to ensure that others do not gain unauthorized access to the Services, for instance by strictly maintaining the confidentiality of Customer’s passwords or by appropriately protecting the use of Customer’s computer, network or any wireless devices. Customer is solely responsible for the security of any device Customer choose to connect to the Services, including any data stored on that device.
• Objectionable Use and Content – (i) any use that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or other rights, or otherwise objectionable in Spry’s sole discretion; (ii) any use in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages not in compliance with the federal CAN-SPAM Act or the Telephone Consumer Protection Act (commercial or otherwise); (iii) publishing, distributing, or disseminating any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information; (iv) advertising, soliciting, selling or buying, or attempting to buy and sell any goods for any non-personal purpose under residential Services; (v) harvesting or otherwise collecting information about others, including email addresses or telephone numbers, without their consent; (vi) creating a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message or call; (vii) transmitting or uploading any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs or software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless Customer owns or controls the rights thereto or have received all necessary consents; (viii) interfering with or disrupting networks connected to the Services or violate the regulations, policies or procedures of such networks; and (ix) attempting to gain unauthorized access to the Service, other accounts, computer systems, devices, or networks connected to the Service, through password mining or any other means; host any type of publicly accessible file sharing, gaming, or email server including, but not limited to HTTP, FTP, SMTP, POP3, and Peer-to-Peer; interfere with another member’s use and enjoyment of the Service or another individual or entity’s use and enjoyment of similar Services.
• PROHIBITED INTERNET SERVICE ACTIVITIES. Customer shall use the Internet Service and related Equipment only for lawful purposes. Internet service activities specifically prohibited by Spry include but are not limited to the following:
  1. Background and/or server-type applications – Including but not limited to IRC bots, HTTP servers, MUDs, and any other process which were initiated by the Customer that continues execution on the system upon Customer logout. FCC authorized smart home systems and IoT devices are excluded from this prohibition.
  2. Long-term storage of data – Long-term storage of data is referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes, but is not limited to, programs such as shareware programs which the Customer may download to their account for purposes of transferring to their home computer(s)/device(s). Such programs should be removed at such time as they are successfully transferred to the Customer’s personal system.
  3. Flooding or abuse of other users – Flooding is deliberately repeating actions in quick succession in order to fill the screens of another user or to harass and takes place in numerous ways, including, but not limited to, ICMP flooding, mail bombing (sending large amounts of email repeatedly to a person for purposes of harassment), mass mailings to multiple addresses, MSG/CTCP flooding on IRC, flooding a chat server, as well as other, less common methods.
  4. Attempts to compromise system and/or network security – Programs such as packet sniffers, password crack programs, and similar utilities found to be running from Customer’s account are prohibited. This also includes attempts to hack into non-Spry systems, networks, servers, websites or applications via the Spry Network.
  5. Sharing of accounts – Sharing Customer’s Internet Service with another party for purposes of avoiding payment for a second Service is strictly prohibited. Customer may connect multiple computers/devices within a single location to Customer’s modem, router, and/or radio to access the Internet Service, but only through a single Spry-issued IP address.
  6. PPP/SLIP emulation software – Since PPP/SLIP is a product offered by Spry, Customers desiring such access are required to sign up for that service rather than attempting to emulate it by software. Any such software will be removed from Customer’s account by Spry immediately upon discovery.
  7. Conducting commercial business through a personal residential account – The residential single-Customer Internet accounts provided by Spry are designed for the home/casual Customer and may not provide the level of service, capacity or speed required for conducting commercial activity. Therefore, running a business with a residential account is not advisable. Please contact Spry’s sales department to upgrade to a commercial account.
  8. Excessive Utilization of Network or System Resources – The excessive use or abuse the Spry Network or system resources by Customer may have a negative impact on all other Customers. Accordingly, Customer may not use the Service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in Spry’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 Customer’s location, continuously uploading or downloading streaming video or audio, USENET hosting, or continuous File Transfer Protocol (“FTP”) uploading or downloading, and continued use of programs or commands which take a large amount of system resources, be that processor time, memory, network bandwidth, and/or drive space on the host system.
  9. Email abuse – Email abuse typically comes in one of three forms, the sending or transfer of a message to unsolicited individuals not in compliance with the Federal CAN-SPAM Act, the sending of harassing and/or threatening messages to other users, and the forging of email addresses so as to make the email appear to be from another user.
  10. USENET news abuse – Similar to email abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple newsgroups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.
  11. Pyramid/money-making schemes – Such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited.
  12. Pirated software – Pirated software is defined as the illegal exchange of software for purpose of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Microsoft Office, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on Spry. Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.
  13. High-traffic websites – Individual accounts using Spry are intended to provide access to individuals only. As most individual pages are fairly low-traffic, the performance for everybody on the systems is optimal. However, some individuals occasionally choose to put content on their pages that draws a large number of hits to their pages and thus degrades performance for other users’ pages. Due to this problem, Spry must implement certain limitations on the amount of traffic an individual Customer‘s home page can receive so that all Customers will receive optimal service. Typically, a page can safely transfer 250 Mbps per day without causing excessive load on the host system. Websites generating more than this must be moved to Spry’s Web Hosting service, where Spry is better able to deal with the extra traffic.
• PROHIBITED TELEPHONY SERVICE ACTIVITIES. Customer shall use the Telephony Service and related Equipment only for lawful purposes. Telephony Service activities specifically prohibited by Spry include but are not limited to the following:
  1. Resell or transfer of the Telephony Service or Equipment to another party – Customer is prohibited from using the Telephony Service or Equipment for autodialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting.
  2. Calls/Texts Abuse – Call/text abuse typically comes in one of three forms, the sending or transfer of a telephone call (as defined by the Federal Communications Commission to include text messages) to unsolicited individuals not in compliance with the Federal Telephone Consumer Protection Act, the sending of harassing and/or threatening calls to other callers, and the forging or spoofing of caller ID so as to make the call/text appear to be from another person.
  3. International Calling – Spry does not presently offer or support the Telephony Service in any countries other than the United States. If Customer uses the Telephony Service or Equipment outside of the United States, Customer will be solely responsible for any violations of local laws and regulations, or additional charges and/or fees resulting from such use.
• DMCA Copyright Infringement Policy
• THIS POLICY IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW, CHANGES TO OUR DESIGNATED AGENT, OR AT OUR CONVENIENCE WITHOUT ADVANCE NOTICE.  YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.
• SPRY WIRELESS COMMUNICATIONS INC. DMCA Copyright Infringement Policy
• Effective 4/2020
• This is the official copyright infringement notification policy (“DMCA Policy”) for the website(s) and Service(s) owned, operated or provided by SPRY WIRELESS COMMUNICATIONS INC., Southwest Mo No. 1 and YHTI (“Spry” “our,” “us,” or “we”). This DMCA Copyright Infringement Policy sets forth the procedures that are required for customers, subscribers, users and visitors (collectively, “Users”) to notify us of an alleged copyright infringement of any of our website(s) or Service(s) and the procedures undertaken by us to respond to such notices under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3) (“DMCA”).
• Any capitalized terms that are not defined in this DMCA Copyright Infringement Policy shall have the same meaning given in our terms and conditions/use agreement for our website(s) or Service(s), (collectively, “Service Agreements”).  This DMCA Policy is incorporated by reference into our Service Agreements.  The Service Agreements and this DMCA Policy are legally binding on all Users.
• How to Provide Notification for Claims of Copyright Infringement
• If you have a good faith reasonable belief that any material on our website(s) or Service(s) are infringing on your copyrights, and you wish to notify us of such alleged copyright infringement, you must provide the following information in a written communication in the form required by the DMCA to our Designated Agent (see below for contact information); it must include substantially the following information:
• A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Website or Service are covered by a single notification, a representative list of such works at that Website or Service;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit our Designated Agent to contact the complaining party, such as a postal address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• The statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• You may contact our Designated Agent for Notification of Claimed Copyright Infringement at:
• Name of Service Provider: SPRY WIRELESS COMMUNICATIONS INC.
• Name of Designated Agent:  Paul McKnight
• Postal Address:  1361 Rich Lane, Buda, Texas 78610
• Telephone Number 512-729-7797
• Email Address: paul@spryfi.net
• If you send your claim via email, you must put “DMCA Infringement Notification” in the subject line of the email. The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement for the Service(s) or website(s) under this DMCA Policy. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.
• We will remove or disable access to any posted material for which we have received a notice of claimed copyright infringement in substantial conformance with the DMCA. United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.
• WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO SEVERE CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.  YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
• If we have an accurate postal mail or email address, we will also send a notification to the User who posted the material informing the User that the material was removed or access to it was blocked because of claimed copyright infringement. The User has a right to send us a counter-notice challenging our removal of the User’s material, or disabling his/her access to the website or Service as described below.
• We will terminate the privileges, subscription, membership, and/or account of any User who repeatedly uses our website(s) or Service(s) to unlawfully transmit, download, upload or post copyrighted material without a license, express consent, valid defense or fair use exemption to do so. Please see the “Repeat Infringer Policy” below.
• Repeat Infringer Policy
• Under certain circumstances we will terminate the privileges, account(s) and/or membership of Users that are repeat infringers. A person does not have to be found guilty of copyright infringement in a court to be deemed a repeat infringer. We will review the circumstances of each situation and the decision to terminate will be at the sole discretion of our Designated Agent based on the frequency and number of complaints against that User.  We will terminate a User’s account, membership, or subscription when that User has been notified for 12 complaints/violations for the same IP Address or account over a period of 12 months.  A complaint/violation will not be assessed against the User if the User has filed a counter-notice of infringement, and there are no further legal actions from the copyright owner or owner’s agent.
• Each User understands, acknowledges, and agrees that if his or her account, membership or subscription is terminated pursuant to this DMCA Policy, the User will not attempt to establish a new account, membership or subscription under any name, real or assumed. The User further understands, acknowledges, and agrees that by opening a new account, membership or subscription after being terminated pursuant to this DMCA Policy, he/she will have violated this DMCA Policy and Service Agreements and shall indemnify and hold us harmless for any and all liability that we may incur.
• How to Appeal the Removal of Material with a Counter-Notice If You Believe the Content Was Not Infringing
• If you are a User who posted material that was removed in response to a notice of infringement or your access to our website(s) or Service(s) were disabled and you believe that such material was removed or disabled actions were due to a mistake or misidentification, you may request that we restore the posting or cease blocking access to the material by sending us a written communication via postal mail, email, or facsimile to our Designated Agent for receiving notices of infringement. (See above for our Designated Agent’s contact information). This counter-notice must include substantially the following information:
• A physical or electronic signature of the User of the Website or Service;
• Identification of the material that has been removed or to which access has been disabled and the location on our Website or Service at which the material appeared before it was removed or access to it was disabled.
• The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
• The User’s full name, postal address, telephone number and email address (if applicable), and the statement that the User consents to the jurisdiction of the Federal District Court for the district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which Spry or its appropriate subsidiary may be found, and that the User will accept service of process from the person who provided notification of copyright infringement under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
• When we receive a counter-notice that complies with these requirements, we will forward it to the person who submitted the original claim of copyright infringement.  Please note that when we forward the counter-notice, it includes your Personal Information. By submitting a counter-notification, you consent to having your Personal Information revealed to third parties.
• We also reserve the right, but not the obligation, to restore the material that was removed or to allow access to the material. As stated in our Service Agreements, we can at our discretion remove any material for any purpose at any time. If we receive a counter-notice from the User that posted the material subject to a claim of copyright infringement, we will take the following actions: 1) We will forward a copy of the counter-notice to the person who sent the notice of infringement and inform him/her that the removed material may be restored or we may allow access to the material in ten (10) business days.  2) If during those 10 business days, the person who sent the original notice of infringement notifies us that he/she has filed an action seeking a court order to restrain the User from infringing activity relating to the material on our website(s) or Service(s), we will not restore or allow access to the material. 3) Otherwise, we may restore the material and allow access at our sole discretion.
• However, as a User, you acknowledge, understand and agree that we generally retain the right to modify, move, remove, block access to, replace or decline to restore material at any time for any reason without notice to or any liability to the posting User.
• Please contact us at abuse@sprywireless.com if you have any questions regarding this DMCA Policy. Do NOT send notices of infringement to this email address; see the above contact information for our DMCA Designated Agent.
• © Copyright 2018 SPRY WIRELESS COMMUNICATIONS INC.  – All Rights Reserved
• Master Services Agreement
• This Master Services Agreement (“Service Agreement” or “MSA”), consisting of these terms and conditions and all other documents referenced herein by and between SPRY WIRELESS COMMUNICATIONS INC., (“Spry,”) and the individual or entity named on the Confirmation of Sale (“COS”) or DIA Proposal (as defined below) to which this Agreement is attached (“Customer,” “you,” or “your”), sets forth the terms and conditions under which Spry will make available its Standard Internet Access Service, Dedicated Internet Access Service and related services and components (collectively, the “Service”). This Service Agreement governs both residential and commercial Customers. “Affiliate” means an entity that controls, is controlled by or is under common control with Spry.
• By using the Service, Customers agree to be bound by the terms of this Service Agreement and all documents incorporated by reference herein, including without limitation Spry’s Privacy Policy, Open Internet Policy, DMCA Copyright Infringement Notification Policy, COS (applicable for Standard Internet Access Service), and Additional Terms (terms and conditions that will govern a new service offering) as each may be amended from time to time. If there is a conflict between this Service Agreement and any Additional Terms, the Additional Terms shall govern. Premium Dedicated Internet Access (“DIA”) Service Customers are also subject to a separate written proposal that details their customized service (“DIA Proposal”), which is also incorporated by reference into this MSA.
• PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT CUSTOMER UNDERSTANDS EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE.
• THIS SERVICE AGREEMENT INCLUDES MANY IMPORTANT TERMS, INCLUDING WARNINGS THAT YOU MAY BE UNABLE TO USE TELEPHONY SERVICE FOR 911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES, AND LIMITS AND DISCLAIMERS ON SPRY’S LIABILITY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
• Spry regularly updates and amends this Service Agreement, the Privacy Policy, the Open Internet Policy, DMCA Copyright Infringement Notification Policy, and other documents incorporated by reference in this Service Agreement. Spry will communicate any such updates or amendments to Customer in accordance with Section 23(h). Customer may obtain, at no charge, a copy of the current Service Agreement or any documents incorporated by reference herein by visiting Spry’s website or by contacting Spry.
• GENERAL OVERVIEW. This Service Agreement governs the following components and services defined under Spry’s Service. Customer may customize Customer’s residential or commercial service(s) based on Customer’s needs:  Details about the following can be found on Spry’s website unless noted otherwise: www.sprynext.com.
  1. Standard Internet access service – Internet broadband access service for residential and commercial customers.
  2. Dedicated Internet Service (“DIA Service”) – Premium Internet broadband access service for high-volume commercial/government/institutional Customers. Contact sales@sprynext.com for more information.
  3. Electronic mail – https://webmail.sprynext.com/.
  4. Spry Equipment – leased equipment (point to point systems). Contact sales@sprynext.com for more information.
  5. “Telephony Service” – digital, IP-based phone service Spry provides for telephone calls https://sprynext.com/available-packages/
  6. Customer technical/repair support, including support technicians.  https://sprynext.com/about-Spry-internet/customer-faqs/.
  7. Camera Systems – Contact sales@sprynext.com for more information.
  8. Website/Email hosting for commercial customers – Contact sales@sprynext.com for more information.
• EQUIPMENT AND REQUIREMENTS FOR PROVISION OF THE SERVICE. Specific terms and conditions that govern a DIA Service Customer’s use of their own equipment or Spry Equipment are set forth in the DIA Proposal. The section only governs Standard Internet Access Service Customers:
  1. 1. Customer Equipment. To use the Service, the Customer must have a personal computer or other devices Although Spry is under no obligation to do so, Spry may, and Customer authorizes Spry to, perform any updates and/or changes to Customer’s equipment, on-site or remotely, from time to time as Spry deems necessary, in Spry’s sole discretion. Customers will direct any questions concerning third-party hardware or software to the manufacturer. Spry has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Customer elect to use in connection with the Services. As set forth below and in the Open Internet Policy, Customer is not permitted to connect any harmful equipment to the Spry Equipment (as defined below). Customer understands that failure to comply with this restriction may cause damage to the Spry Networks and subject Customer to liability for damages and/or other liability. Customer understands, acknowledges and agrees to not alter, modify or tamper with the Spry Equipment or the Service, or to permit, encourage or solicit any other person to do the same unless such person has been authorized to do so by Spry.
     2. Spry Equipment. The customer acknowledges that at the time of installation of the Service, the equipment owned and operated by Spry listed on the COS was installed (the “Spry Equipment”) at a location and in a manner authorized by the Customer. The customer further acknowledges that the Spry Equipment may, at Spry’s sole discretion, be refurbished or otherwise used equipment. The customer agrees that the Spry Equipment was installed at a location and in a manner authorized by the Customer. The Spry Equipment is and shall remain the property of Spry, and will be provided to the Customer under the terms set forth in the COS. At such time as Customer or Spry terminate the Service, Customer will return the Spry Equipment to Spry within ten (10) calendar days, and in accordance with Spry’s then-current return procedures. In the event that Customer has not returned the Spry Equipment as set forth in the previous sentence, or in the event that the Spry Equipment is damaged or otherwise inoperable, Customer will pay each applicable “Equipment Non-Return Fee” listed in the COS.
     3. Telephony Service Requirements and Availability. Customers must supply certain facilities, such as a phone handset or equivalent, installed phone wiring and jacks, and a powered electrical outlet. Customer is responsible for supplying and ensuring that the facilities Customer supplies are compatible with the Service and meet federal and other applicable standards. Customer represents that Customer either owns Customer’s facilities or has the right to use the facilities in connection with the Telephony Service. Spry shall have no obligation to provide, maintain, support, or service Customer’s facilities. If Customer’s Internet connection is terminated, suspended, or disconnected for any reason, the Telephony Service will not be available until Customer reestablishes Customer’s Internet connection with Spry or whichever Internet provider Customer utilizes.
     4. Customer’s Obligation to Maintain Power to Spry Equipment. Customer understands and agrees that: (i) Customer must provide electrical power and a continuous connection to the power grid to Spry Equipment at all times (including, without limitation, when Customer is not using the Service), and (ii) Customer’s failure to provide such power and continuous connection may result in damage to the Spry Equipment or to Customer’s computer, equipment, property or premises, for which damage Customer will be solely responsible.
     5. Replacement and Upgrade of Spry Equipment (i) Unless the COS indicates that the Spry Care Plan is “Not Included,” Spry will repair, replace, or otherwise upgrade any Spry Equipment that, as determined by Spry in its sole discretion, needs to be installed, replaced or otherwise upgraded. Notwithstanding the foregoing, Customer will be solely liable for, and Spry shall have no obligation to repair, replace or otherwise upgrade, any Spry Equipment that has been, in Spry’s sole discretion, damaged or otherwise requires repair, replacement or upgrade as a result of damage or disruption caused by misuse or neglect or otherwise caused by Customer, including, without limitation, damage or disruption caused by Customer’s failure to comply with Section 2(e) herein or by Customer’s failure to comply with the last sentence of Section 2(a) herein.   (ii) If the COS indicates the Spry Care Plan is “Not Included,” beginning on the date of installation of the Service and for a one-year period thereafter, Spry provides a limited warranty against any defect in materials or workmanship in the Spry Equipment that is warranted by the manufacturer of such Spry Equipment. During this one-year period, in the event there is a problem with the Spry Equipment that is, as determined by Spry in its sole discretion, not a result of action or inaction on the part of Customer, that cannot be corrected either over the telephone or on-site, Spry will, as its sole obligation and Customer’s sole remedy for such problem, repair or replace such Spry Equipment at Spry’s expense. Customer understands, acknowledges and agrees that this warranty expressly excludes defects in the Spry Equipment caused by acts of nature (such as, but not limited to, lightning damage), damage from misuse or neglect, water damage, damage caused by Customer’s failure to comply with Section 2(e) herein or damage or other disruption caused by Customer’s failure to comply with the last sentence of Section 2(a) herein. After such one-year period, Customer will be solely liable for any and all damage to any Spry Equipment. (iii) If the COS indicates the Spry Care Plan is “Not Included,” Customer understands, acknowledges and agrees that Spry’s ability to provide an appropriate quality of Service to Customer and the other customers on the Spry Networks may from time to time require upgrades or replacement of the Spry Equipment, and Customer will be obligated to pay the then-applicable “Equipment Upgrade Fee” as established by Spry from time to time, at such time as Spry determines, in its sole discretion, that the Spry Equipment needs to be upgraded or replaced.
     6. Customer understands, acknowledges and agrees that prior to Spry servicing any Customer equipment or Spry Equipment under contract with Customer, it is Customer’s responsibility to (i) back-up the data, software, information or other files stored on Customer’s computer or other device including but not limited to disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (ii) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s equipment. Customer agrees that whether or not Customer requests back-up services from Spry and/or its Operational Service Provider, neither Spry nor its Operational Service Provider(s) shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media. . An Operational Service Provider is a third party owned company that provides or performs services on Spry’s behalf, to help serve Customers better, or to perform internal functions that support Spry’s Service and operations.
• ACCESS TO CUSTOMER’S PREMISES. Customer hereby grants Spry and its Affiliates, and their respective employees, contractors, representatives and agents the right to enter Customer’s property and premises at any time for the purpose of operating or maintaining the Spry Equipment or the Spry Networks, retrieving Spry Equipment or fulfilling its obligations or exercising its rights under this Agreement. Spry shall provide Customer with reasonable advance notice of any such planned access, except when, in the reasonable opinion of Spry, an emergency or other exigent circumstance exists that would require Spry to immediately enter Customer’s property and premises.
• CUSTOMER’S REPRESENTATIONS, RESPONSIBILITIES AND WARRANTIES.
  1. If Customer is an individual, Customer represents and warrants that he or she is at least 18 years of age and has legal authority to execute this Agreement. If Customer is a commercial entity, the individual executing this Agreement represents and warrants he or she has legal authority to execute this Service Agreement on behalf of Customer.
  2. Customer agrees that the Service is personal to Customer and agrees not to assign, transfer, resell or sublicense Customer’s rights under this Agreement unless specifically permitted by the terms of this Agreement. For residential Customers, Customer agrees that the Service and the Spry Equipment shall be used only by Customer and by members of Customer’s immediate household living with Customer at the same address, and Customer will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured. For commercial Customers, Customer agrees that the Service and the Spry Equipment shall be used only by Customer and by authorized members of Customer’s business located at the same address, and Customer will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured. Customer acknowledges that Customer is executing this Service Agreement on behalf of all persons who use the Service by means of the Spry Equipment. Customer agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement and any other documents incorporated by reference in this Service Agreement, whether such breach results from Customer’s use of the Service or by another person using Customer’s equipment or the Spry Equipment.
  3. Customer represents and warrants that Customer will not use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any local, state or federal statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any officer, employee, agent or representative of Spry or its Affiliates; or (vi) transmits any virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Spry reserves the right to suspend Customer’s access the Service at any time upon receipt of claims or allegations from third parties or authorities or if Spry is concerned that Customer may have breached this Service Agreement. Customer (and not Spry or its Affiliates, Operational Service Providers) remains solely responsible for Customer’s use of the Service and any material transmitted through the Service, and Customer warrants that Customer possess all rights necessary to transmit such material.
  4. Customer represents and warrants that the personal identifiable information (“Personal Information”) Customer provided and will provide to Spry during the term of this Service Agreement, including without limitation Customer’s legal name, email address for communications with Spry (such email address, as the same may be modified from time to time by Customer upon notice to Spry, the “Account Email Address”), Service address, billing address, telephone number(s), and payment data (including without limitation information provided when authorizing Automated Clearing House payments or other recurring payments) and Non-Personal Information, such as but not limited to the number of computers on which the Service is being accessed (all such information, collectively, the “Customer Information” for purpose of this Service Agreement is accurate, complete and current. (In the Privacy Policy, Non-Personal Information may also be classified as Personal Information if it is directly associated with or reasonably linked to Customer’s account, computer or device.) Customer agrees to promptly notify Spry, in accordance with the terms of this Service Agreement, upon the occurrence of any change in the status of Customer’s account (including, without limitation, the creation or removal of an Authorized User (as defined below)) or if there is any change in the Customer Information. Customer’s failure to provide and maintain accurate Customer Information with Spry constitutes a breach of this Service Agreement.
  5. Customer agrees that Customer is responsible for anyone using the Spry Equipment, Customer’s computer system, password, name or Customer name in connection with the Service (with or without Customer’s knowledge or consent) and for ensuring that anyone who uses the Service through the Spry Equipment, Customer’s equipment or access to the Service, does so in accordance with the terms and conditions of this Service Agreement. Customer agrees to take all reasonable measures necessary to ensure that the Service is not used by another person without Customer’s consent. Customer understands, acknowledges and agrees that Customer is responsible for all use of the Service and Customer’s account whether Customer or someone else uses Customer’s account (with or without Customer’s permission).
  6. Customer is responsible for procuring and installing patches, any and all antivirus and firewall software/hardware and operating system patches, updates or supplements that may be necessary for (i) the protection and maximum functionality of Customer’s computer and related equipment and the Spry Equipment and (ii) the protection of the Spry Networks and other customers. For purposes of clarification, Spry and its Affiliates hereby disclaim any and all responsibility and liability for any damages that may arise from Customer’s failure to procure or install the aforementioned security or other software and/or hardware and Customer agree that Spry, its Affiliates and Operational Service Providers shall have no liability for Customer’s failure to do the same.
  7. Customer represents that there are no legal, contractual or similar restrictions on the installation of the Spry Equipment in the location(s) and in the manner authorized by Customer. Customer is responsible for ensuring compliance with all regulations, applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions or other restrictions related to the installation of the Spry Equipment and Service, for paying any fees or other charges and obtaining any permits or authorizations necessary for the installation of the Spry Equipment and/or provision of the Service (collectively, “Legal Requirements”). Customer is solely responsible for any fines or similar charges for violation of any applicable Legal Requirements.
  8. Customer is responsible for backing up the data on Customer’s computer(s) and network(s) and understands, acknowledges and agrees that Spry, its Affiliates and Operational Service Providers shall have no liability whatsoever for any loss of data.
  9. Customer agrees to comply with the following terms and conditions for the use of Service: (i) Service is provided for use in conformance with this Service Agreement. Spry reserves the right to investigate suspected violations of the Service Agreement. When Spry becomes aware of possible violations, Spry may initiate investigation which may include gathering information from Customer(s) involved and the complaining party, if any, and examination of Customers Material on Spry’s servers. Customers Material collectively includes, but is not limited to, any software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content. (ii) During an investigation, Spry may suspend the account or accounts involved and/or remove Customers Material involved from its servers. If Spry believes a violation of this Service Agreement has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of Customer Material from Spry’s servers, warnings to Customer(s) responsible, and the suspension or termination of the account or accounts responsible. Spry, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Service Agreement could also subject the Customer to criminal or civil liability.
  10. Customer agrees to comply with the following terms for the use of “Customer Material,” which collectively includes without limitation any lawful or unlawful software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content – anything installed by Subscriber on Spry’s servers not provided by Spry: (i) Only lawful content in the public domain (e.g., images, video, audio, text, data, and programs) or content subject to the approval of the copyright owner may be downloaded or uploaded using the Service. Customer may re-distribute content in the public domain. Customer assumes all risks regarding the determination of whether content is in the public domain or is lawful. (ii) Customer is prohibited from storing, distributing, or transmitting any unlawful content through the Service. Examples of unlawful content include but are not limited to direct threats of physical harm, obscenity, child pornography and copyrighted, trademarked and other proprietary material used without proper authorization. Customer may not post, upload or otherwise distribute copyrighted content without the consent of the copyright holder. The storage, distribution, or transmission of unlawful content could subject Customer to criminal as well as civil liability, in addition to the actions outlined in Section 3(i) herein. (iii) Customer may not store or distribute certain other types of material on Spry’s servers. Examples of prohibited material include, but are not limited to software, applications and programs containing viruses, trojans and other tools or technology that would compromise the security of Spry or others. (iv) Customer represents and warrants that when Customer transmits, uploads, posts, or submits any Customer Material using the Service, Customer has the legal right to do so and that Customer’s use of such Customer Material does not violate any copyright or trademark laws or any other third party rights. (v) Customer agrees that if Customer’s Service is terminated for any reason, Spry has the right to immediately delete all Customer Material, stored in or for Customer’s account without further notice to Customer.
• THE SERVICE AND PRIVACY.
  1. Spry has established a Privacy Policy (“Privacy Policy”), which governs Spry’s collection, use, disclosure, management and security related to Customer’s personally identifiable information (“Personal Information”). Customer agrees that Customer received a copy of the then-in-effect Privacy Policy at the time Customer executed this Service Agreement. Subject to Section 23 herein, Spry may update or amend the Privacy Policy at any time without Customer’s prior consent, unless such consent is required by law. Spry will, however, provide notice of any such changes or amendments as stated in Spry’s Privacy Policy. Customer understands, acknowledges and agrees that Customer’s continued use of the Service after notice of any changes or amendments have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law. All such updates or amendments shall be deemed to be incorporated by reference into this Service Agreement.
  2. Spry does not routinely monitor a Customer’s activity for violation of this Service Agreement and Spry has no obligation to monitor content transmitted by use of, or other information related in any way to the provision or receipt of, the Service. However, Customer agrees that Spry has the right to monitor the Service, any and all information or Customer Material transmitted through the Service or by use of the Spry Equipment, and information available to Spry regarding Customer’s computer and other equipment in accordance with this Service Agreement. Spry has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on Spry’s, its Affiliates’ or Operational Service Providers’ servers. Spry has the right to monitor, review, retain or disclose any content or other information in Spry’s possession about or related to Customer (including, without limitation, Customer Information), Customer’s use of the Service, or otherwise, as necessary to satisfy any applicable law, or otherwise as Spry deems necessary or appropriate in Spry’s sole discretion.
  3. Spry may require that Customer use a username and password combination or other reasonable procedures to confirm Customer’s identity when requesting or otherwise accessing account information, making changes to the Service or performing other functions related to the Service through Spry’s authorized Customer service channels. Only Commercial Customers may also choose to designate an authorized user of Customer’s account (an “Authorized User”), who will be permitted to access the Commercial Customer’s account information and make certain changes to Commercial Customer’s account. Commercial Customers will be solely liable for any and all action or inaction by any Authorized User.
• PASSWORDS.
  1. Residential accounts are for individual use only. Commercial accounts are for authorized personnel only.
  2. Residential Customers shall not share passwords or accounts with others. Commercial Customers shall only provide passwords to authorized personnel.
  3. Spry shall provide or obtain passwords to protect Customer’s account and Services. In the event that the security of a Customer’s account or Service is compromised, Spry shall provide Customer with a new password.
  4. Spry may monitor the security of Customer’s passwords at any time. A Customer with an insecure password may be directed to change the password to one which complies with the above rules. Customers who repeatedly choose insecure passwords may be assigned a password by Spry; continued failure to maintain password security may be grounds for account termination.
• SYSTEM SECURITY.
  1. Customer is solely responsible for maintaining the security of Customer’s computer(s)/device(s) and data and protection of Customer’s User ID, password and Personal Information and other data. Spry strongly recommends the use and appropriate updating of commercial anti-virus, anti-spyware, firewall software, and encryption of data, to the extent feasible.
  2. Customer is prohibited from utilizing the Service to compromise the security or tamper with Spry’s system resources or accounts on any of Spry’s computers, routers, switches, servers, radios, modems, or any other equipment at Spry or at any other website. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include but are not limited to password guessing programs, cracking tools, and network probing tools. Any attempt to access any of Spry’s corporate assets is strictly prohibited.
  3. Spry reserves the right to release the login names of Customers involved in violating system security to system administrators at other websites, in order to assist them in resolving security incidents. Spry will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers, subject to Spry’s Privacy Policy and applicable law.
• LIMITATIONS OF TELEPHONY SERVICE.
  1. The Telephony Service is not a telecommunications service and Spry provides it on a best efforts basis. Important distinctions exist between telecommunications service and the Telephony Service offering that Spry provides. The Telephony Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect Customer’s rights of redress before regulatory agencies.
  2. The Telephony Service does not support 0+ or operator-assisted calling, including, without limitation, collect calls, third-party billing calls, or calling card calls. The Telephony Service may not support 311, 511 and/or other x11 services, other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement, in one or more or all Service areas.
  3. The phone numbers Customer obtains from Spry will not be listed in any telephone directories. Phone numbers transferred from Customer’s local phone company may, however, be listed. As a result, someone with Customer’s phone number may not be able to utilize a reverse directory to lookup Customer’s address.
  4. The Telephony Service may not be compatible with non-voice communications equipment, including, but not limited to, home security systems or alarm systems that are set up to use phone lines, modems, fax machines, credit card machines, DVR-type devices, any device that relies upon a modem, hearing impaired devices, and medical monitoring devices (“Non Voice Systems”), and may be interrupted or permanently disabled by installation or operation of the Telephony Service. Customer should maintain a telephone connection through Customer’s local exchange carrier in order to use any alarm monitoring functions for any security system that uses a phone line. Customer is solely responsible for the operation and use of such Non Voice Systems with the Telephony Service, including taking any necessary steps, as permitted under this Agreement with Spry, to ensure compatibility between such Non-Voice Systems and the Telephony Service.
  5. Customer authorizes Spry to act on Customer’s behalf, as Customer’s agent, in porting Customer’s telephone number and related local and long distance services from Customer’s current provider to Spry or any of its wholesale service providers. Customer acknowledges that Spry may change wholesale providers from time to time and may port Customer’s phone number from one wholesale carrier to another at any time. Customer acknowledges that Spry will become the customer of record for all phone numbers that Spry ports to the Telephony Service.
  6. The Telephony Service relies upon portions of the public Internet, and third party networks, to transmit voice and other communications signals. Spry cannot, and does not, guarantee that the Telephony Service is secure or can be used in a secure manner.
  7. The Telephony Service is not fail-safe or designed or intended for use in situations where error-free or uninterrupted service is essential, including uses involving vital communications in which an error or interruption in Telephony Service could lead to injury to business, persons, property, or the environment (“High-Risk Uses”).
• ACCEPTABLE USAGE. (a) “Acceptable Usage of Internet Service” is hereby defined as the normal activities associated with the use of the Internet, including but not limited to usage of Spry’s systems and the Spry Networks for accessing the World Wide Web, Internet Relay Chat, USENET Newsgroups, Email, and other Internet features. Depending on the account type, this may include file storage on Spry’s servers for Customer’s own personal web page and file access area (FTP), etc. (b) “Acceptable Usage of Telephony Service” is hereby defined as the normal activities associated with the use of the telephone system.
• PROHIBITED INTERNET SERVICE ACTIVITIES. Internet Service Activities specifically prohibited by Spry include but are not limited to the following:
  1. Background and/or server-type applications – Including but not limited to IRC bots, HTTP servers, MUDs, and any other process which were initiated by the Customer that continues execution on the system upon Customer logout. FCC authorized smart home systems and IoT devices are excluded from this prohibition.
  2. Long-term storage of data – Long-term storage of data is referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes, but is not limited to, programs such as shareware programs which the Customer may download to their account for purposes of transferring to their home computer(s)/device(s). Such programs should be removed at such time as they are successfully transferred to the Customer’s personal system.
  3. Flooding or abuse of other users – Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly by Spry. Flooding is deliberately repeating actions in quick succession in order to fill the screens of another user or to harass and takes place in numerous ways, including, but not limited to, ICMP flooding, mail bombing (sending large amounts of email repeatedly to a person for purposes of harassment), mass mailings to multiple addresses, MSG/CTCP flooding on IRC, flooding a chat server, as well as other, less common methods.
  4. Attempts to compromise system and/or network security – Programs such as packet sniffers, password crack programs, and similar utilities found to be running from Customer’s account are prohibited. This also includes attempts to hack into non-Spry systems, networks, servers, websites or applications.
  5. Sharing of accounts – Sharing Customer’s Internet Service with another party for purposes of avoiding payment for a second Service is strictly prohibited. Customer may connect multiple computers/devices within a single location to Customer’s modem, router, and/or radio to access the Internet Service, but only through a single Spry-issued IP address.
  6. PPP/SLIP emulation software – Since PPP/SLIP is a product offered by Spry, Customers desiring such access are required to sign up for that service rather than attempting to emulate it by software. Any such software will be removed from Customer’s account by Spry immediately when found.
  7. Conducting commercial business through a personal residential account – The residential single-Customer Internet accounts provided by Spry are designed for the home/casual Customer and may not provide the level of service, capacity or speed required for conducting business. Therefore, conducting business with a residential account is not advisable. Please contact Spry’s sales department to upgrade to a commercial account.
  8. Excessive use of system resources – This includes, but is not limited to, the continued use of programs or commands which take a large amount of system resources, be that processor time, memory, network bandwidth, and/or drive space on the host system. Customer may not resell Service.
  9. Email abuse – Email abuse typically comes in one of three forms, the sending or transfer of a message to unsolicited individuals not in compliance with the CAN-SPAM Act, the sending of harassing and/or threatening messages to other users, and the forging of email addresses so as to make the email appear to be from another user.
  10. USENET news abuse – Similar to email abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple newsgroups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.
  11. Pyramid/money-making schemes – Such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited.
  12. Pirated software – Pirated software is defined as the illegal exchange of software for purpose of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Microsoft Office, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on Spry. Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.
  13. High-traffic websites – Individual accounts using Spry are intended to provide access to individuals only. As most individual pages are fairly low-traffic, the performance for everybody on the systems is optimal. However, some individuals occasionally choose to put content on their pages that draws a large number of hits to their pages and thus degrades performance for other users’ pages. Due to this problem, Spry must implement certain limitations on the amount of traffic an individual Customer‘s home page can receive so that all Customers will receive optimal service. Typically a page can safely transfer 250 MB per day without causing excessive load on the host system. Websites generating more than this must be moved to Spry’s Web Hosting service, where Spry is better able to deal with the extra traffic.
• PROHIBITED TELEPHONY SERVICE ACTIVITIES. Telephony Service activities specifically prohibited by Spry include but are not limited to the following:
  1. Customer shall not resell or transfer the Telephony Service or Equipment to another party. Customer is prohibited from using the Telephony Service or Equipment for autodialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting.
  2. Customer shall use the Telephony Service and Equipment only for lawful purposes. Spry reserves the right to immediately terminate Customer’s Service if, in Spry’s sole and absolute discretion, Spry determines that Customer has used the Telephony Service or Equipment for an unlawful purpose. In the event of such termination, Customer will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Customer’s Service. If Spry believes that Customer used the Telephony Service or Equipment for an unlawful purpose, Spry may forward the relevant communication and other information, including Customer’s identity, to the appropriate authorities for investigation and prosecution. Customer hereby consents to Spry forwarding of any such communications and information to these authorities. In addition, Spry will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property, and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
  3. Customer shall not use the Telephony Service or Equipment in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. Spry reserves the right to immediately terminate Customer’s Service if, in Spry’s sole and absolute discretion, Spry determines that Customer has used the Telephony Service or Equipment in any of the aforementioned ways. In the event of such termination, Customer will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Customer’s Service. In addition, Spry will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property, and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
  4. Although Customer may use the Telephony Services to place calls to the United States and Canada, Spry does not presently offer or support the Telephony Service in any countries other than the United States. If Customer uses the Telephony Service or Equipment outside of the United States, Customer will be solely responsible for any violations of local laws and regulations resulting from such use. Spry reserves the right to terminate Customer’s Telephony Service immediately if Spry determines, in Spry’s sole and absolute discretion, that Customer has used the Telephony Service or Equipment outside of the United States.
  5. Customer agrees not to: use the Telephony Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise); defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information; advertise or offer to sell or buy any goods or Telephony Services for any non-personal purpose; harvest or otherwise collect information about others, including email addresses, without their consent; create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other User or usage information or any portion thereof other than in the context of Customer’s use of the Telephony Service as permitted under this Agreement, and these Terms of Service; transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless Customer owns or controls the rights thereto or have received all necessary consents; interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the Service, other accounts, computer systems, devices, or networks connected to the Service, through password mining or any other means; host any type of publicly accessible file sharing, gaming, or email server including, but not limited to HTTP, FTP, SMTP, POP3, and Peer-to-Peer; interfere with another member’s use and enjoyment of the Service or another individual or entity’s use and enjoyment of similar Services.
  6. Spry does not routinely monitor a Customer’s activity for violation of this Service Agreement and Spry has no obligation to monitor the Telephony Service or any Customer’s use thereof or retain the content of any Customer session. However, Spry reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Spry reserves the right to implement reasonable network management practices to ensure service quality levels are maintained.
  7. Customer agrees not to share or re-sell the Telephony Service with anyone not residing at the Service address.
• DIGITAL MILLENNIUM COPYRIGHT ACT. Under the Digital Millennium Copyright Act (“DMCA”), copyright owners have the right to notify Spry’s registered designated agent if they believe that a Customer has infringed on their work(s). When Spry receives a complaint notice from a copyright owner, Spry will notify the Customer of the alleged infringement by providing Customer a copy of the submitted DMCA notice, to the extent permissible by law. As required by law, Spry enforces a graduated response policy to complaints that may lead to suspension or termination of service. Spry’s policy is to terminate the internet services for any Customer receiving twelve or more DMCA notices annually. Customer understands, acknowledges and agrees that Spry will assess a “DMCA Administrative Fee” for the processing and handling of every complaint received after the second notice. For information how to contact SPRY’s designated agent, please see Spry’s DMCA Copyright Infringement Notification Policy, available here https://sprynext.com/DMCA.
• PENALTIES FOR VIOLATIONS OF SERVICE AGREEMENT.
  1. All Prohibited Internet Service Activities as defined in Section 9 and all Prohibited Telephony Service Activities as defined in Section 10 hereof are subject to immediate termination of Customer’s account and any and all criminal and civil penalties available under the law. The penalties imposed on Customer for such violations will vary based on the level of the offense. Typically, Customer will receive a warning on the first offense. However, if the offense is severe enough, Spry reserves the right to disable the account immediately. Accounts which have been disabled for abuse will not be re-opened. It is vital for Spry to provide a quality service for all Customers, and Spry will not tolerate Customers who through their actions hinder Spry in that endeavor. It is also important for Spry to have a nonintrusive presence to the rest of the Internet, and thus prohibit activities that adversely affect Customers on other service providers and their associated networks. To this end, Spry reserves the right to modify and/or disable Service at any such time the Customer violates this Service Agreement.
  2. Spry will not reimburse Customer when Service has been suspended or disabled due to violations of this Service Agreement.
  3. If Service is disconnected for non-payment, Spry is not obligated to re-connect Customer’s Service. However, if Customer desires re-connection, and Spry agrees to do so, Customer agree to pay a Re-installment Fee plus any amount past due under Customer’s COS or DIA Proposal. The amount of the re-installment fee is set forth on Spry’s website.
• SOFTWARE LICENSES AND THIRD PARTY SERVICES.
  1. Spry may provide Customer software for use in connection with the Service which is owned by Spry or its third party licensors, third party suppliers, and Operational Service Providers (“Software”). Such Software will be subject to an additional fee. Spry reserves the right periodically to update, upgrade, or change the Software remotely or otherwise and to make related changes to the settings and software on Customer’s computer(s)/device(s) or Equipment, and Customer agrees to permit such changes and access to Customer’s computer(s)/device(s) and Equipment. Customer may use the Software only in connection with the Service and for no other purpose.
  2. Certain Software may be accompanied by an end user license agreement (“EULA”) from Spry or a third party. Spry’s use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. Customer may not install or use any Software that is accompanied by or includes a EULA unless Customer first agrees to the terms of the EULA.
  3. For Software not accompanied by a EULA, Customer is hereby granted a revocable, non-exclusive, non-transferable license by Spry or its applicable third party licensor(s) or Operational Service Provider to use the Software (and any corrections, updates and upgrades thereto). Customer may not make any copies of the Software. Customer agrees that the Software is confidential information of Spry or its third party licensors/Operational Service Providers and that Customer will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Spry or its third party licensors/Operational Service Providers. Customer may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. Customer may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. Customer is not granted any title or rights of ownership in the Software. Customer acknowledges that this license is not a sale of intellectual property and that Spry or its third party licensors/Operational Service Providers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.
• CUSTOMER’S PAYMENT OBLIGATIONS FOR STANDARD INTERNET ACCESS SERVICE. Payment obligations for DIA Service Customers will be set forth in the customized DIA Proposal. Customer understands, acknowledges and agrees to pay Spry through the end of the Initial Term or any Renewal Term in accordance with Spry’s current billing policies. Failure to fulfill any payment obligations in a timely manner as provided herein will be considered to be a violation of this Service Agreement and Customer’s COS.
  1. Deposit. At the time of installation of the Service, Customer is required to pay the “Total Deposit” set forth in the COS. Together, the “Installation Fee” and the “Monthly Service Fee” due (if any) constitute the “Total Deposit.” Customer agrees that the Total Deposit is to be paid in consideration of Spry’s making the Service available on the terms and conditions set forth in this Service Agreement, that Spry has earned the Total Deposit in full and that the Total Deposit is not refundable. If any portion of the Total Deposit remains unpaid at the time of execution of this Service Agreement, Customer will pay such amount promptly after execution of the Service Agreement.
  2. Customer agrees to pay the Total Deposit on or before the first day of Customer’s “Monthly Billing Cycle”. Except as set forth on the COS, Customer’s Monthly Billing Cycle begins on the day the customer signs the COS. Notwithstanding the foregoing, Spry may modify Customer’s Monthly Billing Cycle upon at least 15 calendar days’ advance notice to Customer.
  3. Customer agrees to pay the applicable “Spry Care Plan” fee set forth on the COS, if any; provided, for 12 months.  After the 12 months is up, Customer may, on ten (10) calendar days advance , elect to discontinue participation in the “Equipment Assurance Plan” as then in effect, effective on the first day of Customer’s next Monthly Billing Cycle, in which case this Agreement shall be deemed to be amended such that the COS indicates “Spry Equipment Assurance Plan Not Included”. If the COS indicates “Spry Equipment Assurance Plan Not Included,” Customer may, on ten (10) calendar days advance notice to Spry and payment of applicable fees, elect to commence or resume participation in the Equipment Assurance Plan as then in effect, provided, however, the Equipment Assurance Plan shall not apply, and the COS shall only be deemed not to indicate “Spry Equipment Assurance Plan Not Included” as of the first day of the second Monthly Billing Cycle commencing after such notice.
  4. Customer agrees to pay the applicable Monthly Service Fee set forth in the COS and Monthly Equipment Assurance Fee, if any, (collectively the “Monthly Fees”), in advance, prior to the month billed, on or before the first day of the Customer’s Monthly Billing Cycle. The full Monthly Fee is due for any part of a month for which service is provided.
  5. For each Monthly Billing Cycle with respect to which Customer does not pay on time (including without limitation if Customer’s Monthly Fees are not received by Spry on or before the first day of the Monthly Billing Cycle), Customer agrees to pay the “Billing Administrative Fee” as established by Spry from time to time. Customer and Spry specifically agree that the Billing Administrative Fee is not a late fee, but rather is intended to compensate Spry for its additional expense incurred in processing irregular payments, and may be changed at any time without notice to Customer. Customer also agrees to pay the “Late Fees” defined in the COS.
  6. Spry shall not be obligated to provide the Service during Monthly Billing Cycles for which Customer has not paid the applicable Monthly Fees in advance. If at any time Customer’s account has past due amounts or upon Customer’s violation of this Agreement (including any documents incorporated by reference herein), Spry may, in Spry’s sole and absolute discretion, suspend provision of the Service to Customer and/or terminate this Agreement. Amounts are past due if not paid before the first calendar day of Customer’s Monthly Billing Cycle. Customer understands, acknowledges and agrees that Spry is not required to provide notice before suspending the Service and/or terminating this Agreement, and Spry will not be liable to Customer or any Authorized User for any such suspension or termination or any damages that may result therefrom. In order to restore service after a disconnection, Customer agrees to pay the applicable “Reactivation Charge” set forth in the COS.
  7. The “Service Term” is defined in the COS, and continues on a month-to-month basis thereafter. In order for Customer to terminate the contract, Customer shall follow the termination procedures described in Section 22. Customer agrees to pay the “Monthly Service Fee” set forth in the COS, which may change from time to time subject to advance notice by Spry. All accounts sixty (60) days or more past due will be turned over to collections and Service discontinued permanently.
  8. Customer agrees to pay a “Reinstallation Charge” as set forth in the COS when Customer moves physical locations and would like to transfer the service to the new physical location. For specifics on the Reinstallation charge, please see our https://sprynext.com/Fees
  9. Customer also agrees to pay all applicable federal, state, and local taxes and fees, including, but not limited to, those imposed after the date of execution of the COS.
  10. By signing the COS, Customer also authorizes Spry to invoice Customer and to automatically charge Customer’s debit or credit card each month, or use other billing options (such as automatic deductions from checking or debit accounts) in accordance with Spry’s then-current billing policies, for all such fees, charges and taxes. Further, Customer hereby authorizes Spry to charge Subscriber’s credit card for all fees related to termination including payout of fees owed to Spry for the remainder of the selected Term of the Agreement, equipment charges and any and all other fees related to termination to which the Customer is subject pursuant to the terms of this Agreement. If Subscriber owes money on any account, Spry may deduct the amounts owed from any existing credit Subscriber has or any security deposit provided or, if applicable, charge such fees to the bank or payment card account Subscriber has authorized Spry to use.  (1) Customer has a right to revoke his/her authority for Spry to automatically charge Customer’s credit cards by contacting Spry in writing, or via telephone. (2) Customer has a right to a copy of the terms of Customer’s payment.
• TELEPHONY SERVICE FEES, TAXES AND OTHER CHARGES. Telephony Service fees, taxes, and other charges may change from time to time. Spry blocks international phone calls from the United States except those made to Canada. Should a Customer require the ability to place international calls to countries other than Canada, Spry may open the lines for those specific countries at their discretion.
• TELEPHONY SERVICE 911 EMERGENCY SERVICES. Carefully read the information below. By acceptance, and use, of the Telephony Service, the Customer acknowledges and accepts any limitations of 911/E911 service, and the Customer agrees to convey these limitations to all persons who may have occasion to place calls over the Telephony Service. If the Customer has any questions about 911/E911, call Spry at 800-765- 7772.
  1. The Telephony Service includes 911/Enhanced 911 functionality (“911/E911”) that may differ from the 911 or E911 function furnished by other providers. As such, it may have certain limitations. E911 service includes the transmission of Customer’s telephone number, and information Customer provides to Spry about the physical location of the Equipment and facilities that are used to provide Telephony Service (“Registered Location”) to Customer. When Customer dials 911, the Customer’s emergency services call will be routed to the applicable Public Safety Answering Point, or other applicable emergency services call center, or local emergency authority (“PSAP”). If the PSAP is capable of receiving the Customer’s telephone number and Registered Location (“E911 Information”), such information will also be conveyed to the PSAP when Customer dials 911.
  2. Registered Location: Use of the Telephony Service from a location other than Customer’s Registered Location may cause Customer’s 911 call or E911 information to be routed to the wrong PSAP, may cause emergency response personnel to be dispatched to the wrong address, and may result in other problems with accessing and obtaining emergency services, including, but not limited to, Customer’s inability to receive emergency services. As a result, Customer must update Customer’s Registered Location with Spry before using the Telephony Service at a new location. To update Customer’s Registered Location, contact Spry Technical Support at 512-729-7797, or at the address set forth at http://www.Sprynext.com.
  3. Even if Customer uses the Telephony Service from its Registered Location, trying to call 911 or obtain emergency services through a 911 call may fail for a number of reasons, including (i) Power failure – if there is a power or Internet outage or interruption, Customer will not be able to use the Telephony Service for any 911 or other emergency calls (after such an event, Customer also may need to reset or reconfigure Equipment before Customer can call 911). (ii) Termination or suspended service – if Customer’s Telephony Service or Internet connection is interrupted, suspended or cancelled for any reason (including due to technical problems, Customer’s failure to pay Spry or other provider, or termination of this Agreement), Customer will not be able to use the Telephony Service to call 911; (iii) Transferred number – as described further below, if Customer transfers a telephone number from Customer’s traditional telephone service, there may be a delay or interruption in Customer’s ability to use the Telephony Service to call 911; (iv) Updated location information – as described further below, if Customer uses the Telephony Service at a new Registered Location, it may take several days after Customer notifies Spry of the new Registered Location before 911 calling or E911 functions will be available; and (v) Technical limitations – network congestion, radio interference, weak signals, packet loss, or other causes of reduced Service performance may prevent Customer from using the Telephony Service to call 911 or may delay the routing of Customer’s 911 call or E911 information. Customer should not rely on the Telephony Service as Customer’s primary method to obtain emergency services. If Customer does not feel comfortable with these limitations, Spry suggests Customer makes alternative methods available to call 911 or otherwise obtain emergency services, such as through a traditional telephone line or a mobile phone.
  4. Caller ID Limitations and Fees. If Customer modifies its Caller ID to a number that Spry’s E911 service does not recognize or if Customer is using multiple line trunking, an E911 call will be routed to an Emergency Routing Service (“ERS”) call center, which will then route the call to appropriate PSAP after the caller’s location is determined. Customer understands that such E911 calls will be delayed and that the caller must speak to ERS personnel before communications with the PSAP is established. For each call routed to ERS, Customer will be charged a fee of one-hundred and fifty dollars ($150 US). Multiple calls will result in multiple charges. If Customer does not feel comfortable with these limitations, Spry suggests Customer makes alternative methods available to call 911 or otherwise obtain emergency services, such as through a traditional telephone line or a mobile phone.
  5. Liability: Customer acknowledges and agrees that Spry will not be liable for any Service outage, inability to dial 911, and/or inability to access emergency service personnel. Customer agrees to defend, indemnify, and hold harmless Spry and its associated parties from any and all claims, losses, damages, fines, penalties, costs, and expenses (including but not limited to reasonable attorney fees) by, or on behalf of, Customer or any third party or user of the Services relating to the failure or outage of the Services, including those related to 911/E911. Customer acknowledges that it is aware of and understands the foregoing limitations and agrees to advise all persons who may conduct calls using Customer’s Telephony Service of the same. (f) “REVERSE 911” SERVICE: “Reverse 911” service is a telephonic community notification system that may be used to deliver outbound messages in the event of an emergency. The system employs a combination of database and mapping technologies to allow emergency responders to pinpoint a specific geographic area and deliver the appropriate message to residents in the affected area. Certain systems have the ability to call both listed and unlisted phone numbers. Customers should contact their local PSAP to determine if the number used in the provision of the Telephony Service can be registered with the local PSAP. The technical limitations associated with the provision of Reverse 911 service are due entirely to the local PSAP’s network and systems capabilities. Spry shall not be liable for any failures, loss of service, interference, or incompatibility of the Telephony Service and any Reverse 911 service offered by local PSAPs. Further, Spry offers no warranties, either express or implied, as to the availability of such Reverse 911 services, or their compatibility with the Telephony Service.
• TELEPHONY SERVICE RELOCATION REQUIREMENT. The Telephony Service may be used only at the Registered Location Customer provides to Spry. If Customer wishes to relocate the Equipment, Customer must contact Spry for information on Service availability at the new location. If the Service is available at Customer’s new location, Customer must update and register the new location with Spry in order to update Spry’s records for the Service and help make 911 services and E911 features available to Customer. If Service, 911 calling or an E911 feature is not available at the new location, Customer’s Service will be terminated or suspended until Customer returns the Equipment to a location with Service, 911 and E911 availability and provides Spry updated information for the new location. Using or moving, or attempting to use or move, the Equipment or Telephony Service to a location without complying with this Section 18 is a violation of this Agreement and Customer does so at Customer’s own risk.
• TELEPHONY SERVICE LOCAL NUMBER PORTABILITY. If Customer is porting Customer’s existing phone number from another service provider for use with the Telephony Service, the following terms and conditions also shall apply:
  1. Customer will cooperate fully with Spry and provide promptly all information, including a letter of authorization or other documentation, as requested by Spry in connection with the processing of Customer’s order for Service.
  2. Customer authorizes Spry to notify Customer’s current telephone service provider of Customer’s decision to switch Customer’s local, local toll and long distance services to the Telephony Service, and Customer represents Customer is authorized to take such actions.
  3. Customer acknowledges that if Customer sets up the Telephony Service prior to the date that the number switch becomes effective (the “Port Effective Date,” as defined in the COS), Customer may be able to place outgoing calls but not receive incoming calls over the Telephony Service, and may not be able to make 911 or other emergency calls over the Telephony Service, until the Port Effective Date (in such a case, Customer should keep another phone connected to an existing phone extension at Customer’s service location to receive incoming calls until the Port Effective Date).
  4. Customer acknowledges that if the Telephony Service is not yet activated as of the Port Effective Date, Customer’s existing phone service for the number Customer is transferring will be disconnected and Customer will have no service for that line. To help avoid an interruption in Customer’s phone service, Customer should install the Telephony Service prior to, or on, the Port Effective Date. An estimate of the Port Effective Date may be sent to Customer by Spry following Customer’s completion of the ordering process, but this is only an estimate and not a guarantee of the Port Effective Date. (e) Customer acknowledges that Spry may use call detail, and customer proprietary network information, for all lawful purposes, including but not limited to actions related to the initiation, rendering, billing and collection of the Telephony Service. Further, such actions also include the use of such information for the purposes of testing, verifying, and otherwise assuring that the Telephony Service is delivered to Customer.
• DISCLAIMER OF WARRANTIES.
  1. CUSTOMER EXPRESSLY AGREES THAT CUSTOMER USES THE SERVICE AND THE SPRY EQUIPMENT AT CUSTOMER’S SOLE RISK. THE SERVICE AND SPRY EQUIPMENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND EXCEPT TO THE LIMITED EXTENT SPECIFICALLY SET FORTH IN SECTIONS 2 AND 17(e) HEREIN, IF APPLICABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. NEITHER SPRY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD PARTY SUPPLIERS OR SOFTWARE LICENSORS WARRANTS: (I) TO UNINTERRUPTED, TIMELY OR SECURE USE OF SERVICE; (II) THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS; (III) THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED; OR (IV) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES CUSTOMER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER’S COMPUTER OR DEVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO CUSTOMER’S COMPUTER, DEVICE, OR NETWORK OR SPRY EQUIPMENT, OR TO MONITOR CUSTOMER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM SPRY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
  2. In addition, Spry may, in its sole discretion, make available to Customer security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, anti-spyware or anti-adware software for Customer’s use on Customer’s computer system(s) in conjunction with the Service. Any such security software provided by Spry to Customer is intended to provide only a minimal level of protection to Customer’s computer system(s). CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT SPRY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, THIRD-PARTY SUPPLIERS AND LICENSORS OF ANY SUCH SECURITY SOFTWARE, DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. CUSTOMER UNDERSTANDS AND AGREES THAT SPRY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, THIRD PARTY SUPPLIERS AND LICENSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM(S) (OR THE INFORMATION STORED THEREIN) THAT MAY RESULT FROM USE OF THE SECURITY SOFTWARE OR FROM ITS NONPERFORMANCE.
  3. EXCEPT AS SPECIFICALLY SET FORTH IN THE COS, CUSTOMER UNDERSTANDS AND AGREES THAT NEITHER SPRY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS OR THIRD PARTY SUPPLIERS AND LICENSORS GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE SPRY NETWORKS OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER’S CONNECTION TO THE SPRY NETWORKS WILL BE AVAILABLE TO CUSTOMER. Customer understands, acknowledges and agrees that the availability and speed of the Service provided at Customer’s premises may vary depending upon a number of factors, including Customer’s computer system(s), associated equipment and other devices accessing the Service, the terrain and location of Customer’s premises, foliage between Spry Equipment and other components of the Spry Networks, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Spry’s control and system failures, modifications, upgrades and repairs.
  4. Customer understands, acknowledges and agrees that Spry may in the future offer other Customers on the Spry Networks Service with specific minimum service standards (including, without limitation, minimum standards for speed, bandwidth, latency or availability) (such minimum service standards that may be offered in the future “Future Enhanced Service”). Customer further understands, acknowledges and agrees that Spry shall be under no obligation to provide any Future Enhanced Service to Customer unless and until Spry and Customer have executed a new agreement with respect to such Future Enhanced Service, which agreement may include, without limitation, such increased or modified Monthly Fees and additional terms and conditions as Spry and Customer may agree.
  5. Customer understands, acknowledges and agrees that Spry may use various tools and techniques in order to efficiently and reasonably manage its networks and to ensure compliance with Spry’s Open Internet Policy and Sections 8, 9 and 10 above (such tools and techniques, “Network Management Tools”). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code or managing network resources through techniques such as limiting the number of simultaneous peer-to-peer sessions that Customer may conduct, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups, and such other Network Management Tools as Spry may from time to time determine appropriate.
  6. Customer understands, acknowledges and agrees that, to allocate bandwidth across all of its Customers, Spry may employ traffic-management technology, including but not limited to packet-reset technology, which technology may materially slow the uploading of certain files.
  7. Customer understands, acknowledges and agrees that, in order to provide redundancy or increased efficiency or otherwise to enhance the Spry Networks, Spry may install additional equipment at Customer’s premises, and any such equipment not set forth in the COS shall be deemed to be Spry Equipment for the purposes of this Agreement. Customer further understands, acknowledges and agrees that Spry may use the Spry Equipment to provide Service to others in a manner that secures and separates Customer’s traffic and local area network from Service provided to others.
  8. Customer understands, acknowledges and agrees that Spry does not warrant that Service descriptions, information, graphic depictions, fees, product and or other components of the Service are accurate, reliable, updated, current, complete or error-free. Despite Spry’s efforts, it is possible that a price for the Service (or a component of the Service) offered on Spry’s website, or the Service description may be inaccurate in some part. In the event Spry determines that a Service contains an inaccurate price or description, Spry reserves the right to take any action Spry deems reasonable and necessary, in Spry’s sole discretion, to rectify the error, including without limitation, canceling Customer’s order, unless prohibited by law. Spry may make improvements or changes to any of Spry’s information, or Services described on Spry’s websites at any time without notice. Customer agrees to notify Spry immediately if Customer becomes aware of any pricing or descriptive errors or inconsistencies with any Services Customer order and to comply with any corrective action that Spry may take.
  9. THIS SERVICE AGREEMENT GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
• LIMITATION OF LIABILITY.
  1. STATUTE OF LIMITATIONS: CUSTOMER MUST BRING ANY CLAIM OR LAWSUIT WITHIN ONE (1) YEAR THE CLAIM OR SUIT ARISES.
  2. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SPRY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD PARTY LICENSORS OR THIRD PARTY SUPPLIERS, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, AND ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS SERVICE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO CUSTOMER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SPRY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 US).
  3. DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING, MAINTAINING, OR PARTICIPATING IN A 911 EMERGENCY TELEPHONE SYSTEM OR SIMILAR EMERGENCY SYSTEM OR E911 SERVICE, INCLUDING WITHOUT LIMITATION (i) RECEIVING, DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR E911 DATABASES, (ii) RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR PROVIDING 911 OR E911 SERVICES OR SYSTEM CAPABILITIES, OR (iii) PROVIDING EMERGENCY TELEPHONE AND RADIO COMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE DEPARTMENTS; (d) ADDITIONALLY, SPRY WILL HAVE NO LIABILITY FOR THE FOLLOWING: (i) FOR ANY AMOUNT IN THE IN EXCESS OF ONE HUNDRED DOLLARS ($100.00 US); (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO CUSTOMER’S FAILURE TO BACK UP ANY EQUIPMENT AS REQUIRED IN SECTION 2(g) HEREIN; (vi) ANY LACK OR BREACH OF SECURITY CUSTOMER OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vii) FOR ANY MATTER BEYOND SPRY’S REASONABLE CONTROL; (viii) FOR ANY INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE TELEPHONY SERVICE, INTERNET SERVICE, EQUIPMENT, OR OTHERWISE; OR (ix) CUSTOMER’S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS SERVICE AGREEMENT.
  4. Customer understands, acknowledges and agrees that Spry may block traffic to or from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network, eliminate spam, or in compliance with federal and state laws and regulations. Customer agrees that Spry shall be entitled to damages if Customer transmits or is otherwise connected with the transmission of spam. Customer agrees that Spry is entitled to actual damages, however, if actual damages cannot be reasonably calculated, Customer agrees to pay Spry liquidated damages of five dollars for each piece of spam transmitted from or otherwise connected with Customer’s account.
  5. Customer understands, acknowledges and agrees that when using the Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of Customer’s computer(s) or other equipment. Customers are responsible for putting in place and should put in place all appropriate security measures when using the Service. Customers are responsible for any misuse of the Service that occurs through Customer’s account, whether by a member of Customer’s household or an authorized or unauthorized third party.
  6. This Section 21, Limitation of Liability, will survive termination or expiration of this Service Agreement, whether terminated by the Customer or Spry, for any reason.
• AGREEMENT TO ARBITRATE (a) CUSTOMER AND SPRY AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS BETWEEN CUSTOMER AND SPRY. The agreement between Customer and Spry to arbitrate all disputes and claims between them is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between Customer and Spry, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising), claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class and claims that may arise after the termination of this Agreement. For the purposes of this Section 22, references to Customer include Customer’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all Authorized Users or unauthorized users or beneficiaries of the Service. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND SPRY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
  1. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice (“Arbitration Notice”). An Arbitration Notice to Spry must be addressed to Spry at the address set forth in this Service Agreement for notices. An Arbitration Notice to Customer must be addressed to Customer at Customer’s then-current billing address. The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Customer and Spry do not reach an agreement to resolve the claim within sixty (60) calendar days after the Arbitration Notice is received, Customer or Spry may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Spry or Customer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Customer or Spry is entitled.
  2. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and shall be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or written request to Spry. The arbitrator shall be bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are reserved to the decision of a court of competent jurisdiction. Unless Customer and Spry agree otherwise, any arbitration hearings shall take place in St. Clair County, Illinois. The right to a hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The party initiating arbitration proceedings shall bear all the arbitration-related costs and expenses of both parties including, without limitation, legal fees and expenses.
  3. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. CUSTOMER AND SPRY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Customer and Spry agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. (e) Notwithstanding any provision in this Agreement to the contrary, Customer and Spry agree that if Spry makes any future change to this arbitration provision (other than a change to the address to which an Arbitration Notice is to be sent), Customer may reject any such change by sending Spry written notice within 30 days of the change. By rejecting any future change, Customer agrees that Customer will arbitrate any dispute between Customer and Spry in accordance with the language of this provision.
• INDEMNIFICATION.
  1. Customer agrees to indemnify, defend and hold harmless Spry, its Affiliates, officers, directors, employees, shareholders, representatives, agents, Operational Service Providers, third party licensors and suppliers and their respective members, officers, directors, employees, agents, representatives and contractors, and each of their successors and assigns (collectively, the “Spry Indemnitees”) from and against all losses, expenses, damages and costs, (including reasonable attorneys’ fees) and other claims brought against any Spry Indemnitee(s) related to Customer’s use of the Service or any violation of this Service Agreement and all other documents incorporated herein by reference) including, but not limited to, claims that Customer’s use of the Service infringed on the patent, copyright, trademark or other intellectual property right of any third party, Customer’s violation of any law or the rights of another and claims resulting from Customer’s negligence. Customer agrees to pay any attorneys’ fees incurred by Spry and/or any other Spry Indemnitee in connection with the defense of any such third-party claims. Spry reserves the right to assume the defense and control of any matter subject to indemnification by Customer, in which event Customer will cooperate with Spry in asserting any available defenses.
• TERMINATION OF THE SERVICE (a) IF CUSTOMER CANCELS THE SERVICE OR ANY ASPECT THEREOF FOR ANY REASON, SPRY SHALL NOT BE REQUIRED TO REFUND CUSTOMER ANY PORTION OF THE MONTHLY FEES PAID BY CUSTOMER FOR THE MONTH IN WHICH CANCELLATION OCCURS, UNLESS REQUIRED OTHERWISE BY STATE LAW.
  1. Customer may terminate the Service at any time by providing Spry written notice, either via mail to the address set forth in Section 23(h) or email to support@sprynext.com, ten (10) business days prior to desired termination date. Spry may take reasonable steps to verify Customer’s identity and authority before effecting such termination. The full Monthly Payment is due for any part of a month in which Service is provided. Upon termination, Customer agrees to pay any account balance, a “Cancellation Fee” as defined in the COS, and to return any Spry Equipment or pay the Equipment Non-Return Fee as set forth in Section 2 herein.
  2. The Service and all Service features are subject to availability on an ongoing basis. Customer understands that Spry may cease to offer the Service or any Service feature at any time, for any reason or no reason, and without notice to Customer. Without limiting the generality of the foregoing, Spry may suspend, disconnect or terminate the Service at any time without prior notice if Spry believes in its sole discretion that Customer have (i) failed to pay Customer’s bill when due, (ii) threatened or harassed any Spry employee, agent or contractor or (iii) violated any other provision of this Service Agreement.
  3. If the Service to Customer is disconnected for any reason or Service is suspended in accordance with this Agreement, Spry may charge Customer (i) for Service during the period of disconnection or suspension in accordance with applicable federal and state law and (ii) reasonable disconnection and reconnection fees.
  4. In the event that Customer’s account is suspended, disconnected or terminated, no refund, including of fees paid by Customer to Spry, shall be granted. Moreover, Spry shall not be responsible for the return of data stored on Spry’s servers, including web and email servers. Customer agrees that Spry has no obligation to visit Customer’s home upon termination to reconfigure Customer’s computer(s) or for any other reason.
  5. Sections 3 through 6, 8 through 10, 13, and 18 through 25 hereof shall survive any termination or expiration of this Agreement.
• GENERAL PROVISIONS
  1. This Service Agreement (including all documents incorporated herein by reference) constitutes the entire agreement with respect to the Service. This Service Agreement supersedes and nullifies all prior understandings, promises and undertakings made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.
  2. The Parties agree that any Affiliates, Operational Service Providers, agents, third party suppliers and licensors of Spry are intended beneficiaries of this Service Agreement. Except as set forth in the previous sentence, this Agreement is not intended to give and does not give any rights or remedies to any person other than Customer and Spry.
  3. No agency, partnership, joint venture, or employment relationship is created as a result of the Service Agreement and neither party has any authority of any kind to bind the other in any respect.
  4. Spry shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Spry’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
  5. This Service Agreement and all matters arising out of or related to this Service Agreement shall be governed by the laws of the State of Illinois without regard to conflicts of law provisions. Subject to the agreement between Customer and Spry with respect to arbitration of any disputes, Customer agrees that the federal and state courts of Illinois alone shall have jurisdiction over all disputes arising under this Service Agreement and Customer consents to the personal jurisdiction of those courts.
  6. Spry’s failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such right or provision. If any term, covenant, condition or provision of this Service Agreement shall, to any extent, be held invalid, illegal or unenforceable, the remainder of this Service Agreement shall not be affected and each remaining term, covenant, condition and provision shall be valid and enforceable to the fullest extent permitted by law or construed as nearly as possible to reflect the original intentions of the parties.
  7. Spry may change, amend, alter, or modify this Service Agreement at any time. Spry may notify Customer of any change either by posting that change on Spry’s website (Spryinternet.com), and by sending Customer an email or by U.S. mail. If Customer continues to use the Service after such notice has been made, Customer agrees that such continued use shall be deemed to be Customer’s acceptance of those changes. The current version of this Service Agreement, as the same may be modified by Spry from time to time, shall supersede any prior version of this Service Agreement that may have been provided to Customer at any time.
  8. Except as specifically set forth in this Service Agreement, any notices under this Agreement shall be effective as follows: (i) If to Customer: notice shall be made by (i) email to Customer’s; (ii) by first-class mail to Customer at Customer’s billing address then on file with Spry; or (iii) when posted to the Announcements page of Spry’s website. If by email, such notice shall be deemed effective when transmitted by Spry. If by first-class mail, such notice shall be deemed effective upon the earlier of (A) three business days after dispatch or BH) at such time as actually received by Customer. (ii) If to Spry: notice shall be made exclusively by first-class mail to SPRY WIRELESS COMMUNICATIONS INC., at 1361 RICH LN, Buda, TX 78610, or such other address as Spry may from time to time publish to Customer, and such notice shall be deemed effective upon receipt.
  9. Customer may not assign this Agreement, or Customer’s rights or obligations under this Service Agreement, without Spry’s prior written consent, and any purported assignment by Customer without such consent shall be void. Spry may transfer or assign any portion or all of this Service Agreement at any time without notice to Customer, and Customer waives any notice that may be required by law (j) Customer and Spry have executed this Service Agreement by their signatures (or, in the case of Spry, the signature of Spry’s authorized person) on the COS or DIA Proposal.
• Spry and Customer understand, acknowledge and agree that this Service Agreement is entered into as of the date set forth on the COS or DIA Proposal.
• Privacy Policy and Customer California Privacy Rights
• Effective as of March 2015
• Spry knows Customers care about how their personally identifiable information (“Personal Information”) is used and shared, and Spry takes Customers’ privacy seriously. Please read the following to learn more about Spry’s Privacy Policy. By using the Service (as defined in the Customer’s Service Agreement) or accessing Spry’s website in any manner, Customer acknowledges that Customer accepts the practices and policies outlined in this Privacy Policy, and Customer hereby consents that Spry will collect, use, and share Customer’s Personal Information in the following ways. (Can be found at www.Spry.com )
• Remember that Customer’s use of the Service is at all times subject to Customer’s Service Agreement, which incorporates this Privacy Policy by reference. Customer’s use of Spry’s website is at all times subject to Spry’s Website Terms of Use. Any capitalized terms not defined in this Privacy Policy will have the same meaning as defined in Customer’s Service Agreement and Website Terms of Use. (Can be found at www.Spry.com )
• Spry Services are designed and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. If Customer is not a U.S. citizen or do not reside in the U.S., Customer voluntarily consents to the collection, transfer, use, disclosure, and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.
• When Customer uses the Service, the Personal Information (as defined below) Customer sends and receives is transmitted over a wireless network, and may be subject to interception by unauthorized third parties who seek to do you harm. While it is Spry’s objective to take reasonable measures to reduce the risk that unauthorized third parties will be able to intercept the information Customer sends and receives through the Service, Spry cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.
• Spry recommends that Customers use caution when sending any Personal Information over the Internet and use encryption technology whenever possible, such as websites that have the “https” designation in the website’s address bar and show a padlock icon in the browser’s window.
• Spry does not knowingly collect, solicit or use Personal Information from anyone under the age of 13. If Customer is under age 13, please do not attempt to register for the Services or send any Personal Information about yourself to Spry. If Spry learns that Spry has collected Personal Information from a child under age 13, Spry will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under age 13 may have provided Spry Personal Information, please contact Spry at marketing@sprywireless.com.
• Spry provides Calix routers to our customers.  By using the Calix router provided by Spry, you agree to the Calix Privacy Policy and Terms and Conditions listed below:
• You acknowledge that when you download, install, or use the App, Calix may collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. When you download, register with, or use the App, we may ask you to provide information by which you may be personally identified, such as name, email address, telephone number, or any other identifier by which you may abe contacted online or offline (“personal information”) and that is about you but individually does not identify you, such as your password, and your router’s MAC address and serial number. This information includes information you provide by filling in forms in the App and information provided at the time or registering to use the App. We may also ask you for your information when you report a problem with the App and keep records and copies of your correspondence (including email addresses and phone numbers), if you contact us. Additionally, you may provide personal or other information to your internet service provider and other third parties that may be provided to us by your internet service provider and displayed on the App.
• We use information we collect about yout, that you provide to use or that we receive from your internet serbvice provider, including any personal information, to provide you with the App and its contents and other information, including any in-App notifications related to your use of the App, fulfill any other purpose for which you provide it and/or carry out our obligations and enforce our rights arising from any contracts entered into between you and us. Your internet service provider may also use information that we collect about you to contact you about goods and services offered by your internet service provider or other third parties that may be of interest to you by sending you emails or in-App notifications. If you do not want us to use your information in this way, please do not use the App and delete your account. If you agree to let use your information in this way but do not wish to recieve in-App notifications, you may adjust your push notification preferences in your account profile. All information we collect through or in connection with this App is subject to the Calix Mobile Application Privacy Policy. https://www.calix.com/pages/privacy-policy.html
• Your California Privacy Rights
• Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask Spry for a notice identifying the categories of Personal Information which Spry shares with its Affiliates and/or other third parties for their marketing purposes, and providing contact information for such Affiliates and/or third parties unless Spry meets certain exceptions in the law. This Privacy Policy qualifies for the exception to those requirements. If Customer resides in California and Customer has an established business relationship with Spry, Customer may request information about Spry’s opt-out and out-in policies of sharing Customer Personal Information with other companies (including Our Affiliates) for their marketing purposes. Please send Customer’s written request via email or postal mail following the instructions below.
• Spry will not accept requests via the telephone or facsimile. Spry will not respond to requests that are not labeled or sent properly or do not have complete information.
• For all requests, include the Customer’s full name, street address, city, state, and zip code.
• In an email request, Customer must state “Re: Your California Privacy Rights” in the subject line and send Customer email to marketing@sprywireless.com.
• In a postal request, Customer must send a letter or post card to: SPRY WIRELESS COMMUNICATIONS INC.  1361 Rich Lane, Buda, Texas 78610  Attention: Your California Privacy Rights
• What types of information does this Privacy Policy cover?
• Spry collects various types of information about Customers and Customers’ use of the Service via the Spry website, Help Desk and call centers, postal mail, remote kiosks, the Spry Facebook Page or other social network platforms or by other means, generally classified as Personal Information and Non-Personal Information.
• Generally, Spry gathers and uses Personal Information internally in connection with providing the Service to Customer, including to personalize, evaluate and improve the Service and Spry’s ability to provide the Service to Customer, to contact Customer, to respond to and fulfill Customer requests regarding the Service, and to analyze how Customer uses the Service.
• Spry may share Customer’s Personal Information with its Affiliates and with other third parties as described below:
• What Information does Spry collect and how does Spry use this Information?
• Personal Information
• Personal Information is the information Customer provides to Spry voluntarily or passively through Customer use of the Service and/or website, and which is directly associated with or reasonably linked to a specific person, computer or device. For example, through the registration process, when the equipment to provide the Service is installed, maintained or upgraded at Customer’s premises, when Customer contacts Spry regarding the Service, and through Customer account settings, Spry collects Personal Information such as Customer name, email address, phone number, billing address and billing information (such as credit card account number or other financial account information), service address, and the nature of any of Customer devices or other property making use of the Service. Customer may be required to provide certain Personal Information to Spry in order to register with Spry, to assist Spry in improving Customer’s Service or troubleshooting problems Customer is experiencing with the Service, Customer computer or device, or otherwise to improve the quality of the Service.
• Spry will communicate with Customer if Customer has provided Spry the means to do so. For example, if Customer has given Spry Customer’s email address or phone number, Spry will email or call Customer about Customer use of the Service or product improvements or upgrades, and other transactional information about Customer Service.
• Spry may also combine Customer Personal Information with additional Personal Information obtained from Spry Facebook Pages or other social network platforms, its Affiliates, its Operational Service Providers (third-party-owned companies that provide or perform services on Spry’s behalf, to help serve. “Spry will access or collect the following customer data (Name, email address, location, user’s phone, contact book data, user’s inventory of installed apps, and user’s screen recording.) Data will not be sold to a third party. Data will be used to help improve the customer service experience. This policy also applies to any Spry Mobile Application.”
• Customer better and to perform functions in order to support Spry businesses and operations), or other companies, such as credit bureaus, background check firms, and marketing research companies.
• Some forms of Non-Personal Information as described below will be classified as Personal Information if required by applicable law or when such information is directly associated with or reasonably linked to a specific person, computer or device, or is combined with other forms of Personal Information.
• Non-Personal Information
• Website Information, Use of Cookies and other Similar Tracking Technology
• When you visits Spry’s website, Spry will collect various types of Non-Personal Information, such as information on Spry server logs from Customer’s browser or device, which may include Customer IP address, unique device identifier, “cookie” information, the type of browser and/or device you’re using to access the Service, and the page or feature Customer requested. (IP Address and device identifiers are traditionally classified as Non-Personal Information, unless Spry is required to do so otherwise under applicable law.) Cookies” and “web beacons” are text file identifiers Spry transfers to Customer’s browser or device that allow Spry to recognize Customer’s browser or device and tell Spry how and when pages and features on the Spry website are visited, by how many people, and other activity on the website.
• Customer can change the preferences on Customer’s browser or device to prevent or limit Customer’s device’s acceptance of cookies, web beacons or other similar technology, but this may prevent Customer from taking advantage of some of the features on the Spry website, or accessing certain functions and conveniences. If Customer clicks on a link to a third party website or service, such third party may also transmit cookies to Customer. Again, this Privacy Policy does not cover the use of cookies or other such tracking technology by any third parties, and Spry is not responsible for their privacy policies and practices.
• Spry also uses Personal Information and Non-Personal Information to enhance the Spry website and Spry Service offerings. For example, such information can tell Spry how often visitors use a particular feature of the Spry website and which products and services are most interesting to current and potential customers, and Spry can use that knowledge to make the website useful and interesting to as many users as possible and to enhance and refine Spry’s Service offerings. Spry will continue to conduct analytics on Spry website performance; Customer may not opt-out of this use of cookies or other Personal Information or Non-Personal Information.
• Technology is improving every day and to improve Spry’s Services’ operation and function Spry may introduce new technologies and monitoring techniques without advance notice or consent from Customer. Spry may also use third party providers to conduct such internal analyses.
• Network Information
• Spry also collects Network Information, information about Customer access to, and use of, the Spry network, which may or may not be directly associated with or reasonably linked to a specific person, computer or device. For example, Spry may collect information about the performance of the Provider Equipment installed on Customer property or at Customer premises, when Customer is using the Service, the various devices Customer is using to access the Service, the amount of data Customer is transmitting and receiving, the content of the data Customer are transmitting and receiving, the websites Customer is visiting, and any other information that is transmitted over the Spry network. Spry may also aggregate Network Information from multiple subscribers and Spry will share such aggregated Non-Personal information about the overall performance of the Spry Service and network with Our Affiliates and other third parties. Aggregated information does not identify a specific individual, computer or device.
• We use Network Information to monitor and enhance the performance of the Spry network. Spry will not monitor the content of the websites viewed or email communications as part of Spry’s standard network management. Generally, Spry will only monitor and preserve the following Network Information:
• When Customer is using the Service;
• How Customer is using the Service, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity;
• The amount of data Customer is transmitting and receiving through the Service; and
• General information regarding the performance of the Provider Equipment installed on Customer’s property or at Customer’s premises, and its interaction with the rest of Spry’s network.
• However, Spry reserves the right to, and may, monitor, access, review and preserve any Network Information and/or content in the following situations:
• In response to an inquiry from Customer or an another Authorized User on Customer’s account regarding Customer or their use of the Service or problems Customer or they are experiencing using the Service;
• If Spry has reason to believe Customer is using the Service in violation of Customer’s Service Agreement or any applicable statutes, rules, ordinances or regulations;
• If Spry has reason to believe Customer use of the Service is negatively affecting other Customers; or
• When Spry is required by law or legal process to do so, or when Spry a good faith belief that Spry is required by law or legal process to do so.
• How is Personal Information used for marketing and advertising purposes?
• Spry will use Personal Information to send Customer marketing and advertising messages related to Spry’s Service and website using Customer’s email address, postal address, or telephone number (for voice, texts, and pre-recorded calls). Spry may deliver a marketing or advertising message based on Customer visits to Spry website, which will be general advertising or “Contextual Advertising,” which is advertising based on the subject matter or the content of the specific website page or subject matter. Spry may also send Customer “First Party Advertising,” which is advertising that is customized or personalized based on a history of Customer’s use of our Services (possibly combined with information from our Facebook fan page or other social network platforms). First Party Advertising is based solely on a combination of information Spry collects from Customer – not from Customer’s visits to other websites across the Internet.
• Customer may opt-out of First Party Advertising but not Contextual Advertising. No Personal Information is used to deliver Contextual Advertising; it automatically will appear based on the content or webpage Customer is viewing. And Customer may continue to receive general advertising if Customer opts-out of First Party Advertising, it will not be customized or personalized for Customer.
• Spry does not provide third party “Network Advertising,” which is advertising based on Customer’s overall Internet usage across different third party websites or online services. Multiple third party websites and online services are involved in this tailored or personalized advertising process, in essence a “network” of advertising providers.
• Because Spry does not provide network ads, Spry does not recognize the “Do Not Track” settings on various Internet browsers. Spry does not engage or allow third parties to track you across the Internet and across time for advertising purposes.
• Links to other websites or online services
• The Spry website and/or Facebook Pages (or other social networking platforms) may contain a variety of content and functionality and may provide links to other third party websites or online services. Despite such links, this Privacy Policy applies only to Spry and our Affiliates. The presence of a link does not constitute or imply Spry’s endorsement, recommendation, or sponsorship of the content, goods, services, business or privacy practices on such websites or online services. Spry encourages Customers to be aware and informed when Customers leave Spry’s website and Spry’s Facebook Pages, or any other social networking platforms.
• Will Spry share Customer Personal Information?
• Customer’s Personal Information will only be disclosed to third parties (including Spry’s Affiliates) as listed in this Privacy Policy, if Spry has received your consent at the time Spry will collect your Personal Information or prior to the disclosure of any Personal Information. Spry reserves the right to fully use, disclose and process any Non-Personal Information collected from Customer in any manner as well as any information Customer makes public via Spry Services or website.
• Spry will not rent, sell or disclose Personal Information to anyone not related to Spry for marketing or promotional purposes, unless in connection with a potential or actual sale, merger or a corporate restructuring by or of Spry. (See “For Business Transfers” below for more information.) Spry will share Customer Personal Information with its Affiliates and with other third parties as described in this section for the following reasons:
• To Our Affiliates. Spry relies on various Affiliates in order to provide the Service to Customers. These are companies that are related to Spry by common ownership or control. Spry may share Personal Information and Non-Personal Information with any of its Affiliates for business, operational, promotional and/or marketing and advertising purposes.
• To Operational Service Providers: Spry and its Affiliates contract with other companies and people to perform tasks or services on Spry’s behalf and need to share Customer Personal Information to provide products or services to Customers. For example, Spry may use a payment processing company to receive and process Customer’s ACH or credit card transactions for Spry, or Spry may contract with third parties to assist Spry in optimizing Spry’s network. Unless Spry tells Customer differently, Spry does not grant its Operational Service Providers any right to use the Personal Information Spry shares with them beyond what is necessary to assist Spry.
• For Business Transfers/Restructuring: Spry may choose to buy or sell assets, or Spry may sell assets or be sold. In these types of transactions, customer Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if Spry (or Spry’s assets) are acquired, or Spry goes out of business, enter bankruptcy, or go through some other change of control, including restructuring, re-organization or financing arrangements, Personal Information could be one of the assets disclosed, transferred to or acquired by a third party.
• For Protection of Spry, and Our Affiliates, Employees, Operational Service Providers, Users and Subscribers and Public Safety: Spry reserves the right to access, read, preserve, and disclose any Personal Information Spry has access to if Spry believes doing so will implement and/or enforce the Service Agreement, Website Terms of Use Agreement,Privacy Policy or any legal document; protect our Network(s), website(s), and company assets; protect the interests, rights, property, and/or safety of Spry or Our Affiliates, employees and officers/directors, Operational Service Providers, Users and Subscribers, agents, third party licensors or suppliers, or the general public.
• When Required by Law or in Response to Legal Process: Spry reserves the right to access, read, preserve, and disclose any Personal Information to which Spry has access if
• Spry is required by law or legal process to do so, or if Spry has a good faith belief that Spry is required by law or legal process to do so.
• Is Customer Personal Information secure?
• Spry endeavors to protect the privacy of Customer’s account and other Personal Information Spry holds in its records using reasonable administrative, technical and physical security measures. However, Spry cannot and do not guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time.
• Customer’s account is protected by a password for Customer privacy and security. It is Customer’s responsibility to prevent unauthorized access to Customer’s account and Personal Information by selecting and protecting Customer password and/or other sign-on mechanism appropriately and limiting access to Customer computer, tablet or device and browser by signing off after Customer has finished accessing Customer’s account. Customer is required to notify us immediately if Customer’s password or account has been disclosed to a person whose name does not appear on Customer’s account, even if you have allowed such disclosure. Customer understands, acknowledges and agrees that Customer is solely responsible for any use of Spry Services via Customer’s username and password.
• Additionally, if Customer contacts Spry, Spry will ask Customer for verification of Customer’s identification and account. Spry will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from Spry or someone that claims they are with Spry or Our Affiliates please contact our Privacy Administrator immediately: marketing@sprywireless.com.
• For Spry’s IT Support Services as detailed in our Service Agreement, the code that allows Spry to access Customer’s computer desktop to help your resolve technical problems is limited only for that specific session. Spry is not able to access Customer’s Computer without Customer’s knowledge, affirmative consent and involvement.
• What Personal Information can Customers access, modify and/or delete?
• Generally, Customer may access the following Personal Information in Customer’s account:
• Full name
• Username and password
• Email address
• Telephone number; and
• Billing and Service address
• Account and billing information
• By contacting Spry at marketing@sprywireless.com, or through any online access portal Spry may create to enable Customers to view and modify Customer account settings, Customer may access, and, in some cases, edit or delete the Personal Information listed above. For example, Spry may retain historic email, billing and/or Service addresses for security and verification purposes. Customer may not delete such information.
• When Customer updates Personal Information, however, Spry may maintain a copy of the unrevised information in Spry’s records for internal security reasons and record keeping. Some information may remain in Spry’s records after it is modified, amended or deleted by Customer or Spry. Spry may use any aggregated data derived from or incorporating Customer’s Personal Information after Customer updates or deletes it, but not in a manner that would identify Customer personally. Spry may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer are no longer a Spry customer as required by Spry’s business practices, by law, and/or tax reporting purposes.
• The information Customer can view, update, and delete may also change. If Customer has any questions about viewing or updating information Spry has on file about Customer, please contact Spry at marketing@sprywireless.com.
• What third party disclosure choices do Customers have?
• Customer can always choose not to disclose Personal Information to Spry; however, certain Personal Information is necessary for Spry to provide the Service to Customer. Customer may opt out of sharing Personal Information with Our Affiliates only for marketing or advertising purposes, but not for business or operational purposes.
• Customer may opt out of email marketing and advertising from Spry or its Affiliates using the “Unsubscribe” mechanism in each email. Before Spry sends Customer a text for any reason, or sends Customer a pre-recorded call that contains advertising or marketing information, Spry will secure Customer’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press. Non-telemarketing pre-recorded calls do not require Customer’s prior express consent in writing, unless they are sent to a wireless device. Customer understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an autodialer and are not conditioned on your purchase of the Service. Customer may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message. Customer may opt out of receiving pre-recorded calls by the opt-out instructions in the call. Customer can also request to be added to Spry’s company-specific Do Not Call list to opt-out of advertising and marketing calls of all types. However, Customer will continue to receive calls related to debt-collection and Customer’s current Service. Customer may also opt-out of First Party Advertising, but not Contextual Advertising, as detailed in the “Use of Personal Information for Marketing or Advertising Purposes” section above.
• Customer may not opt out of Spry’s use of cookies or other similar technology, or use of Customer’s Personal Information and Non-Personal Information for Spry’s internal analytics used to monitor activity on Spry’s website, measure Spry Service performance, or to operate and protect the Spry network.
• Will this Privacy Policy ever change?
• Yes, Spry is constantly working to improve the Service, so Spry will need to update this Privacy Policy from time to time as Spry’s business practices change and service offerings increase, and/or there are changes in local, state or federal laws. Additionally, Spry will also make stylistic, organizational and/or grammatical changes to present Spry privacy practices in a user friendly easy to read manner. Spry will alert Customers to any such changes by placing a notice on www.Spryinternet.com with the effective date of the revised Privacy Policy, and/or by sending Customers an email, or by some other means to the extent required by law. Please note that if Customers have not provided Spry with Customer’s email address or Customer has not updated Customer contact information, those legal notices will still govern Customer use of the Service, and Customer is still responsible for reading and understanding all notices posted on Spry’s website. Customer’s continued use of the Service or website after notice of any changes have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law.
• Use of Customer’s Personal Information is primarily governed by the Privacy Policy in effect at the time Customer subscribed to the Service or visited the Spry website. If Spry elects to use or to disclose Personal Information that identifies Spry as an individual in a manner that is materially different than that stated in the Privacy Policy in effect at the time you subscribed to the Service or visited the Spry website, Spry will provide Customer with an opportunity to consent to such use or disclosure. Depending on the circumstances, that consent may include an opt-out.
• What if you have questions or comments about this Privacy Policy?
• If you have any questions or concerns regarding Spry’s privacy practices and policies, please contact Spry at marketing@sprywireless.com.
• © Copyright 2015, SPRY WIRELESS COMMUNICATIONS INC.– All Rights Reserved.
• Open Internet Policy
• Effective as of June 2020
• SPRY WIRELESS COMMUNICATIONS INC. and/or CONCIERGE BROADBAND LLC (“Spry”), “we,” “our,” or “us”) is committed to an open Internet and supports the following Net Neutrality principles:
• Transparency
• NO Blocking of Internet content, subject to reasonable network management as described below
• NO Throttling of Internet content, subject to reasonable network management as described below
• NO Unreasonable Discrimination
• NO Paid Prioritization of Internet content
• Freedom of Customers to access lawful content
• Freedom of Customers to use non-harmful applications of their choice
• Freedom of Customers to attach non-harmful personal devices
• This Open Internet Policy sets forth certain information regarding the policies and practices of Spry and how we manage our network for broadband Internet access service (the Spry Network).  This Open Internet Policy is a supplement to and is incorporated by reference in our SPRY WIRELESS COMMUNICATIONS INC.Master Service Agreement (“Service Agreement’”), and in the event of any inconsistency between this Open Internet Policy and the Service Agreement, this Open Internet Policy shall control.
• Spry’s broadband access service is primarily a fixed wireless service (“Service”).  Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the Service, including but not limited to foliage, line-of-sight obstructions, the distance between a Customer’s premises and the transmission point, as well as the Customer’s connection of multiple devices to the Spry Network.  Although we have engineered the Spry Network to provide consistent high-speed data services, some network management for these scenarios is required, because very heavy data usage by even a few customers at times and places of competing network demands can affect the performance of all Customers.
• NETWORK MANAGEMENT PRACTICES
  1. Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a Customer from lawful content.
  2. Throttling: Other than reasonable network management practices disclosed below, we do not throttle or otherwise degrade or impair access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device.
  3. Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with Spry.
  4. Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.
  5. Congestion Management: Our Service is provided on a “best efforts” basis and our congestion management practices are in place to ensure that all Customers experience as high quality a service under varying usage periods. Our typical frequency of congestion is estimated at less than five percent. Customers select how much high-speed data they receive under a designated Service plan; the specific Service plan is set forth in the COS.  If a Customer exceeds his/her/its selected high-speed allotment during a service cycle, we may reduce the Customer’s data speed for the remainder of that service cycle.  We do not impose any additional usage limits for the Service.  In a manner consistent with our Service Agreement and Privacy Policy, we may monitor network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance the Spry Network.  To help manage traffic on the Spry Network, during times of high demand, we may allocate available bandwidth among Customers on an equal basis, by account level.  In addition, we may prioritize certain applications, such as public safety and voice, over other traffic types.
     1. We may also use specific traffic shaping software in order to provide a better quality of experience for customers.
     2. We may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm the Spry Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreement. We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.
     3. If we determine, in our sole and reasonable discretion, that the manner in which a Customer is using the Service negatively impacts other Customers or the Spry Network, we reserve the right to apply additional congestion management techniques.
  6. Application-Specific Behavior: Subject to the qualification that Spry may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, Spry generally treats all lawful applications identically. However, we reserve the right to block or limit access to any applications, ports or protocols that we determine, in our sole and reasonable discretion, may expose the Spry Network to potential legal liability, harm the Spry Network or otherwise interfere with or impair the experience of other Customers on the Spry Network.  The Spry Network may also not support certain high-bandwidth video and voice applications, or peer-to-peer applications that carry unlawful or harmful content/software.
  7. Device Attachment Rules: Generally, you do not need approval to connect a third-party device to the Spry Network. Spry does not limit the types of devices that can be connected to the Spry Network, provided they are used for lawful purposes and do not harm the Spry Network, violate our Service Agreement, or harm other users of the Network.  However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the Spry Network negatively impacts other users or the Spry Network, or may expose us to potential legal liability, we reserve the right to limit or restrict Customers’ ability to connect such type of device to the Spry Network.  If you need technical support services to assist you in the installation and configuration of third party devices, please contact us. Depending on your level of Service and your COS, there may be an additional monthly fee for IT support services.
  8. Security: We have taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of the Spry Network. We monitor the Spry Network for security threats and may prohibit certain activity on the Spry Network that we may deem, in our sole and reasonable discretion, poses a potential risk to the Spry Network or to other Customers.  Triggering conditions include but are not limited to denial of service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent.  If we notice excessive Customer connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of the Spry Network or use by other Customers, we will attempt to notify the Customer to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable security practice, without advance notice, to block any Customer traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to be problematic) that we determine, in our sole and reasonable discretion, may cause harm to the Spry Network or to other Customers, or may expose us to potential legal liability.
• PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS Specific Service fees and rates for an individual Customer is set forth in the Customer’s Confirmation of Sale (“COS”).  Various information is also publicized on the Spry Website.
  1. Service Description and Pricing: Links to a current description of the categories of Internet access service offered to residential and business Customers are available here, including pricing, expected and actual access speed and latency, and the suitability of the service for real-time applications:
  2. Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): We do not offer data-related Specialized Services to Customers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering. However, there may be a temporary slowing of Internet speed when using any of Spry’s broadband and VoIP services at the same time.
  3. Various Fees. We will assess the following fees for our Service, where applicable. Please see our Service Agreements for pricing details.
     1. Installation Fee details available at https://sprynext.com/fees/
     2. Equipment Rental/Lease Fee (Spry Care Plan) details available at https://sprynext.com/fees/
     3. Equipment Purchase Fee details available at https://sprynext.com/fees/
     4. Equipment Repair/Replacement Fee details available at https://sprynext.com/fees/
     5. Late Fee details available at https://sprynext.com/fees/
     6. Cancellation Fee details available at https://sprynext.com/fees/
     7. Early Termination Fee details available at https://sprynext.com/fees/
     8. Reconnection Fee for Terminated Service Due to Non-Payment details available at https://sprynext.com/fees/
     9. Service Change Fee details available at https://sprynext.com/fees/
     10. ACH Overdrawn Check Fee details available at https://sprynext.com/fees/
     11. US Postal/Paper Bill Fee details available at https://sprynext.com/fees/
     12. CAN-SPAM Damage Resolution Fees details available at https://sprynext.com/fees/
  4. Fees for Additional Services: A current description of the fees for additional network-related services can be found at the links below:
     1. Colocation: details available at https://sprynext.com/fees/
     2. Webmail: details available at https://sprynext.com/fees/
     3. Web Hosting: details available at https://sprynext.com/fees/
     4. Spry Care Plan: details available at https://sprynext.com/fees/
     5. Computer Repair and IT Support Services details available at https://sprynext.com/fees/_
  5. Network Speeds: Spry offers a standard range of download speeds to residential Subscribers varying from 40 Mbps to 1000 Mbps. The standard range of download speeds for business subscribers is from 40Mbps to 1 Gig.  The Spry Network is designed to support these speeds to help ensure that every Customer receives the speeds to which they have subscribed.  Spry however cannot guarantee speeds at all times, as there are many factors and conditions beyond Spry’s control that can affect Internet performance.  Some of these external factors and conditions are:
     1. Performance of Subscriber computer and/or router
     2. Type of connection to Subscriber’s own equipment (i.e., Wi-Fi)
     3. Congestion of websites and services on Internet
     4. Website or service limiting speeds on the Internet
     5. Internet and equipment performance outside of the Spry Network
     6. ***The Spry Services are advertised as “up to” certain speeds reflecting performance under ideal conditions.  Without purchasing an expensive “dedicated” Internet connection, no Internet Service Provider can guarantee package speeds at all times.
  6. Acceptable Use: As set forth in the Service Agreements, all of Spry’s service offerings are subject to the Acceptable Use Policy (“AUP”) section of the Service Agreements, which we may from time to time establish or revise. The AUP is available here: https://sprynext.com/terms
  7. Privacy Policy: Spry’s current Privacy Policy is available here: https://sprynext.com/terms
  8. Redress Options: Spry endeavors to respond to all Customer concerns and complaints in a timely and fair manner. We encourage Customers to contact us at 512-729-7797, or info@sprywireless.com, or U.S. postal mail to discuss any complaints or concerns as they arise. Our postal address is 1361 Rich Lane, Buda, TX 78610
  9. Disputes and Arbitration: The Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customers in the event of a dispute.
• FCC REQUIREMENTS AND COMPLAINT PROCESS
  1. The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules”).  Information regarding these Rules is available on the FCC’s website at: https://www.fcc.gov/restoring-internet-freedom
  2. If a Customer believes that we are not in compliance with the FCC’s rules, the Customer may file an informal complaint with the FCC.  The FCC urges Customers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us.
• ADDITIONAL DISCLAIMERS
  1. This Open Internet Policy does not affect, alter or otherwise supersede the legal status of cooperative efforts by Spry that are designed to curtail copyright or trademark infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of the company, rights holders, our Customers and other end users.  Furthermore, this Open Internet Policy does not prohibit us from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content.  For additional information, please review the Service Agreement and Privacy Policy.
• Affordable Connectivity Program
• The Affordable Connectivity Program is an FCC benefit program that helps ensure that households can afford the broadband they need for work, school, healthcare and more.
• The benefit provides a discount of up to $30 per month toward internet service for eligible households and up to $75 per month for households on qualifying Tribal lands. Eligible households can also receive a one-time discount of up to $100 to purchase a laptop, desktop computer, or tablet from participating providers if they contribute more than $10 and less than $50 toward the purchase price.
• The Affordable Connectivity Program is limited to one monthly service discount and one device discount per household.
• Who Is Eligible for the Affordable Connectivity Program?
• A household is eligible for the Affordable Connectivity Program if the household income is at or below 200% of the Federal Poverty Guidelines, or if a member of the household meets at least one of the criteria below:
• Received a Federal Pell Grant during the current award year;
• Meets the eligibility criteria for a participating provider’s existing low-income internet program;
• Participates in one of these assistance programs:
  • SNAP
  • Medicaid
  • Federal Public Housing Assistance
  • Supplemental Security Income (SSI)
  • WIC
  • Veterans Pension or Survivor Benefits
  • or Lifeline;
• Participates in one of these assistance programs and lives on Qualifying Tribal lands:
  • Bureau of Indian Affairs General Assistance
  • Tribal TANF
  • Food Distribution Program on Indian Reservations
  • Tribal Head Start (income based)
• Two Steps to Enroll
• Go to https://acpbenefit.org/ to submit an application or print out a mail-in application.
• Contact your preferred participating provider to select a plan and have the discount applied to your bill.
• Some providers may have an alternative application that they will ask you to complete.
• Eligible households must both apply for the program and contact a participating provider to select a service plan.
• Get More Consumer Information
• Check out the Affordable Connectivity Program Consumer FAQ for more information about the benefit at https://www.fcc.gov/affordable-connectivity-program-consumer-faq
• Previous Terms

• GENERAL
  These Terms of Use (“TOU”) or Terms of Service (TOS)constitute a legal agreement between you and SPRY WIRELESS COMMUNICATIONS INC., SPRY BROADBAND LLC, or CONCIERGE BROADBAND LLC (the “Company”), the provider of this web site and related services (the “Company Site and Internet Services”). Your use of the Company Site and Internet Services is subject to the terms laid out in this document, so you should take the time to fully understand how it governs your relationship with the Company and how it affects the way you use the Company Site. By your continued use of the Company Site and Internet Services, you expressly agree to the terms found in this TOU. This TOU constitutes your entire agreement with the Company regarding the Company Site and Internet Services and governs any and all of your use of the Company Site and Internet Services. This TOU supersedes any and all prior or contemporaneous communication, proposals ,or intentions, whether electronic, oral or written, between you and the Company with respect to the Company Site and Internet Services. You agree that the TOU is not intended to confer and does not confer any rights or remedies upon any person other than you and the Company. We may amend the TOU at any time, from time to time, by posting an amended TOU on the Company Site. Any changes to the TOU will become effective immediately upon posting and may be changed without notice to you. This TOU may not be otherwise amended except in a writing signed by you and the Company. If you have questions regarding this agreement please contact the Company through the contact form on the Company Site.
• PAYMENT FOR SERVICES AND SERVICE CREDIT
  • All payments are due in full on your due date. Subscribers utilizing our credit card subscription service agree to have their fees paid monthly by automatic withdrawal. Spry encourages all customers to use the automated subscription option for payment of services. If your credit card is declined, or payment is not able to be made, Spry will notify you and request that payment be made and that a new subscription credit card be put on file within our billing system. Any subscription payments not made after 7 days of notification of failure to collect will subject your account to suspension.
  • All non enterprise Spry Internet Services, including residential and business accounts are provided on a subscription basis only.   All customers are required to have a credit card/or debit card on file with Spry.   By using our services you expressly authorize Spry to renew your subscription on the 1st day of each month by charging, debiting, or using ACH transfers to pay all subscription charges.
  • If you elect to have the company e-mail or mail an invoice to your billing address, payment must be received by the due date on the invoice. If payment has not been received within 7 days past the due date, the account may be suspended until the balance is paid in full. Spry reserves the right to add a $4.00 per month invoicing fee for the time and materials required to prepare and mail individual invoices. Payments may be mailed or put into the mailbox at 1361 Rich Lane, Buda, TX, 78610.
  • If your account becomes suspended for non payment of service fees, the company may add a reconnection and late fee of $10 to your account. 

Returned checks are subject to a $25 dollar Returned Check Fee to cover our costs.

• SERVICE PLANS AND DEFINITIONS
  All company service plans are provided as is with no warranty as to the performance of a wireless link. Obstructions such as trees, buildings, or any physical barrier may degrade the performance of a link. The company will work with subscribers when the possibility of a good remedy exists.  The company may charge a fixed or hourly fee for reworking a link that has become obstructed.
  
  All SERVICE PLANS are subject to change at anytime with or without notification to users. You agree that should the network require you to increase or decrease your plan that you will not seek damages. This is written due to certain phenomena that can cause a crippling effect on the Company network or other systems; Issues such as radio interference, Terminal Doppler Weather Radar (FAA and FCC) interference, obstruction interference, and others may require a change of plan due, in part to the amount of power that may be transmitted per FCC regulations.
  
  Most plans are UNLIMITED, meaning that there are no limits to the amount of data that can be consumed. The term unlimited does not extend to speeds, throughput, power output, bandwidth, or any other meaning.
  
  Plan speeds are based on availability and are not guaranteed in some locations due simply to the unpredictable nature of wireless links and interference.
  
  You agree that TERMINATION Company Internet service can be initiated at anytime for any reason. Issues such as inappropriate use, violation of the terms of service, or causing network failure due to conditions at or near your service point are some examples.
  
• SERVICE CREDIT
  Internet service disruption may occur at any time. This is a normal aspect of running a complex distribution network. Outages lasting  48 hours are a possibility, and in such case the company shall NOT be liable for any compensation due to service interruption. Should your internet be unavailable for longer than 48 hours, you may request a service credit equal to the prorated monthly to your subscription rate minus each day you experienced difficulties. Company reserves the right to determine if a service credit will be issued regardless of duration of disruption. If you qualify for a Service Credit, that credit will be reflected on the second billing cycle after the claim. For example, if you experience 3 days without service in January, then your credit, for 3 days of service would apply to the March statement. You are responsible for paying 100% of the invoice for the following month, February in this example. Should you discontinue service prior to receiving the credit on your bill, a check for the credit will be issued. In the event that your disruption is NOT caused by the Company, (router problems, cables not properly connected to your equipment, power outages etc) claim for credit will not be honored. Any question about billing may be made by e-mail to billing@sprywireless.com or by calling (512) 729-7797.
• PROTECTING CPE UNITS (Customer Premises Equipment)
  Surge Protectors:  It is strongly recommended that all computer equipment and especially your sensitive wireless antenna equipment be connected to a computer surge protector with a rating of at least 2,000 joules or higher to help protect from power surges. These surge protectors commonly cost approximately $30 or more from most stores. You will certainly get what you pay for as far as protection goes, and more is better than less. A “Relocatable Power Tap” or common power strip is not a surge protector and provides no protection even if it appears to have a reset button or switch. Uninterrupted Power Supplies (UPS’s) usually provide even better insurance against power fluctuations of both high and low voltage conditions and are highly recommended. Surge protectors which are older than 1 year should be replaced and may no longer provide adequate protection. Subscribers will be responsible for the cost of replacing damaged radio equipment regardless of cause. Replacement devices are $199 plus any applicable taxes.  Additionally a charge may be assessed for installing the new equipment at the Company’s  discretion.  
  
  Any wireless device(s) installed on your property for the use of access to the the company network is considered a CPE.  The company shall maintain ownership of all CPE equipment installed at the customers’ site. All CPE devices are for the specific customers location and may not be moved, altered, or programmed in any way. You agree that any CPE devices on your property are solely the property of the company and are leased from the Company. In some instances, depending on variations of CPE devices required to provide you with service, the Company may add an additional fee to your invoice, in one or more billing cycles, to cover the cost of higher priced CPE units.
  
  Upon your cancellation of service with the Company, you grant the company staff permission to enter your property to remove any leased CPE equipment used to access service. This access is only for external areas of the property where the CPE is located, typically on the roof or eaves. The only equipment inside the residence which must be returned is the POE (Power over Ethernet) device which powers the outside CPE.
  
  Should you be unwilling to allow the Company to retrieve the CPE, or if you damage the CPE, you agree to pay a $345 equipment replacement charge, time, labor, and other expenses.
• MODIFICATIONS
  From time to time it may be necessary for the Company to update or revise certain provisions of the TOS. By using the Company’s Services and accepting the TOS, you agree that the Company may modify the terms of the TOS, including, but not limited to, those terms related to the charges (if any) associated with your use of Company services. You are responsible for regularly reviewing the latest version of the TOU, and any additional terms and conditions that may be posted. Your continued use of Company services constitutes your agreement to all such terms, conditions, and notices. If you do not agree to the changes proposed by the Company, or to any of the terms in the TOS, your only remedy is to stop using the Company Internet services.
• RESIDENTIAL SUBSCRIBER CONDUCT
  The Company Service as offered and provided under this Agreement is a residential service offered for personal, non-commercial use only. Subscriber will not resell or redistribute (whether for a fee or otherwise) the Company Internet Service, or any portion thereof, or otherwise charge others to use the Company Service, or any portion thereof. Subscriber agrees not to use the Company Service for operation as an internet service provider, for the hosting of websites (other than as expressly permitted as part of the ISP Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit.
• BUSINESS SUBSCRIBER CONDUCT
  The Company Service as offered and provided under this Agreement is a business service for use by your business and its associates at the main location at which the CPE was installed. Subscriber may not extend or retransmit the Company Service to any other physical address or location, including business locations, without said locations being directly provisioned by the Company for use on the business account. Subscriber will not resell or redistribute (whether for a fee or otherwise) any Company Services or any portion thereof, or otherwise charge others to use the Company Service, or any portion thereof. Subscriber agrees not to use the Spry Service for operation as an internet service provider, for the hosting of websites (other than as expressly permitted as part of the ISP Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit.
• INAPPROPRIATE USES
  The Company  Services must not be used:
  
  (a) to store, publish, distribute, or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, vulgar, indecent, hateful, objectionable, tortious, libelous, deceptive, or fraudulent information and materials, or information and materials that constitute or give rise to claims of an invasion of another person’s privacy;
  
  (b) to conduct any activity that is a violation of any State or Federal law or to request unlawful services or materials;
  
  (c) harm minors in any way;
  
  (d) impersonate any person or entity, including, but not limited to, Spry Wireless services, employees or representatives, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
  
  (e) to store, publish, distribute, or otherwise disseminate child pornography or similar material;
  
  (f) in the furtherance of any activity that infringes (directly or indirectly) upon the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, and patents;
  
  (g) to interfere with any other subscribers use and enjoyment of Spry Wireless services;
  
  (h) in any way that deliberately degrades or disables Spry Wireless services or any other computer system or to prevent or impede the delivery of any legitimate data;
  
  (i) to make inappropriate postings to news groups, chat rooms, electronic bulletin boards and any other forum on the Spry Wireless site or elsewhere; or
  
  (j) by persons under the age of 18 to purchase products without the involvement of a parent or guardian. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Many of the features and information on on the Company network are updated on a real time basis and are proprietary to us or are licensed to the Company by third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for content you provide to us) from the Company without the prior expressed written permission of the Company or the appropriate third party.
  
  
• PROMISES OF SERVICE DETAILS AND QUALIFICATIONS
• ARBITRATION
  Any legal controversy or legal claim arising out of or relating to this TOU or the Company Site, excluding legal action taken by the Company to collect our fees and/or recover damages for, or obtain an injunction relating to, the Company or the Company Site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless in our sole judgment, the Company wishes to consolidate the legal controversy of two or more parties in any legal action. The arbitration shall be conducted in Buda, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The Company may seek any interim or preliminary relief from a court of competent jurisdiction in Buda, Texas necessary to protect our rights pending the completion of arbitration. Should you file an action contrary to this provision, the Company may recover from you our reasonable attorney fees and costs. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or services or the TOU must be filed within six (6) months after such claim or cause of action arose or be forever barred. Notwithstanding anything else to the contrary in this TOU, the Company shall always have and retains the right to pursue legal action of any kind or nature whatsoever in any appropriate jurisdiction in order to protect our interests.
• TERMINATION
  You agree that the Company may, under certain circumstances and without prior notice, immediately terminate your access to the Company Site and the Company services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated termination), (d) discontinuance or material modification to the Company service (or any part thereof), (e) unexpected technical or security issues or problems,  (f) offensive material, including but not limited to, lewd content, profanity, physical or verbal abuse of Company staff or its assigns, and (g) extended periods of inactivity. Termination of your the Company services includes (i) removal of access to all the Company services and the Company Site, (ii) removal of access and deletion of all related information, files and content associated with or inside services provided to you by the Company (or any part thereof), and (iii) barring further use of the Company Site and the Company services. Further, you agree that all terminations for cause shall be made in the Company’ sole discretion and that the Company shall not be liable to you or any third party for any termination of the Company Site or the Company services.
• LIMITS OF LIABILITY
  You agree to hold the Company., its associates, technical staff, management, or any other entity the company may do business with NOT liable for ANY damage that may occur to your property due to lightning or other acts of god not under the direct control of the Company. The Company highly recommends that your main ethernet cable coming from the Company CPE be routed through a surge protection device in your home.
• PRIVACY POLICY
  We, (the Company) care about your privacy, but we do have to collect data. Therefore, we promise to use your data responsibly. We are accountable for our the collection and use of your personal information.
  
  We collect user information from you when you make a request for service so that we may contact you and can bill for our services. We will have to share your data with a few companies, such as our credit card processor, but we promise never to sell your data to marketers. We believe that this make the Company better than our large, lumbering competitors. We may also collect personal information from other sources such as credit bureaus who we believe have the right to disclose the information.
  
  When you visit our website, we collect anonymous data in order to check which pages on the website are popular. We do not sell or share this data.
  
  Network protection
  We do have to keep track of what happens on our network in order to stop viruses and other network problems. If we think that your computer is infected, we may contact you and ask you to do a virus scan. We do not open packets and inspect them [some ISPs will say: We will only inspect your traffic if it seems likely that you are spamming or infected].
  
  CALEA
  Spry Wireless complies with CALEA, the Communications Assistance for Law Enforcement Act of 1994. If subpoenaed under CALEA, we may have to provide logs or copies of everything that you do online AND we are not allowed to tell you. Everyone who uses the internet should read about CALEA. A good place to start is at the EFF.
  
  Breaking the law
  If you use our services to do something illegal, then you have broken the terms of service (TOS) of the Company, and we will no longer guarantee your privacy. However, we promise to require proof, and not take the word of any government entity, corporation, or individual who — without proof — makes an accusation.
  
  If there’s a breach
  If hackers steal data from the Company, we promise to notify all of our customers as soon as we know about the breach. We promise to describe the data that was stolen, but we do not promise to explain how the data was stolen.
  
  Changes
  We promise to tell you about any major changes to this privacy policy directly, through an e-mail. We promise to describe the changes in plain English.
  
  If Spry Wireless is purchased by another ISP, this privacy policy is void, and the purchaser’s privacy policy is in place. If this happens, you will be told about the new privacy policy by e-mail, and will also receive a copy of the new privacy policy by e-mail.
  
  Because e-mail addresses may change and because e-mails may be missed, we suggest you check here, from time-to-time, to see if there has been an update.
  
  “This is not an NDA” clause
  Unlike some of our competitors, we do not say that you lost your freedom of speech by reading this web page.
  
  Social Security Number
  We promise never to collect, share, or use the your social security number, unless absolutely required by law, and even then, we will notify you if we do so (if we are allowed to — see CALEA above).
  
  Challenging compliance
  A customer shall be able to address a challenge concerning compliance with the policy.
• Spry Business Class/Concierge Business Class Service Level Agreement (SLA)
  The Company is committed to providing its customers reliable, responsive and personalized service. To ensure that our business priorities are aligned with our customers, Company provides the following Service Level Agreement (SLA) to subscribers of its business services.
  • Network Availability: 99.99
  • Network Latency: < 20 millisecond round trip
    Packet Loss: < 1%
    
    Service Level Coverage Boundary
    This service level agreement covers the “Company Network”. The Company Network means the infrastructure and/or facilities that are under the Company’s direct control. The company Network excludes all Customer Premises Equipment (CPE) provided by customer, the Internet beyond the Company Network, and any other networks, servers, or components not within the Company Network. To facilitate service level monitoring and verification, the Company maintains a test server (“Test Server”) at the outer boundary of its network. All performance measurements and references to Test Server shall mean the server at the boundary of the Company Wireless Network.
    
    Performance Verification
    In order to ensure accurate testing, all performance verifications will be measured from the customer Network Interface to the Test Server. The customer LAN will be disconnected during the test to ensure that customer traffic does not affect the verification results.
    
    Network Availability
    For this agreement, ”unavailability” shall mean the total inability to transfer data from the Network Interface to a known operational IP address on a public network. A period of “unavailability” commences when a trouble ticket is opened with Spry Support and Spry confirms the “unavailability”. Spry will use its commercially reasonable “best efforts” to provide and maintain 99.99% network availability. If Spry determines that service was not available for 24 or more cumulative hours during a calendar month, Spry will, upon the customer’s request, credit the customer’s account the prorated charges for (1) day for each full 24 hour period of “unavailability”.
    
    Committed Information Rate
    Company provides 100% Committed Information Rates (CIR) on its Business Service. Each Service will be configured and provisioned to operate to the full CIR specified for the product. The Company Network is engineered to ensure that even during peak network load, the service will be capable of transmitting or receiving network traffic (IP packets including data and packet overhead) within a 10% maximum variance of the CIR as averaged over a calendar month. Committed Information Rate does not apply to performance outside of the Company’s Network. If the subscribed bandwidth throughput is not met, Company will have 5 days to restore the throughput to specification. If the Company is unable to restore bandwidth throughput to the subscribed level, the customer may elect 1) to cancel the service without early termination fees or other penalty by providing the Company with written notice of its desire to cancel, or 2) to downgrade without penalty to the service bandwidth rate that is being received.
    
    Network Latency
    Business services are guaranteed to have Network Latency of 50ms or less within the Company Network. Network Latency means the round trip packet transit time between a customer network interface and the Test Server as averaged over a 30-day period. If the Network Latency guarantee is not met within a calendar month, the Company, upon customer’s request, will credit the customer’s next monthly invoice the prorated charges of one (1) day of the affected Company bandwidth service fee for each day the latency guarantee was not met, to a maximum credit of one month.
    
    Packet Loss
    Packet loss means the average percentage of IP packets transmitted between all Company base stations and the Test Server, averaged over a 30-day period, that are not successfully delivered. Packet Loss on the Company Network is guaranteed not to exceed 1% during a calendar month. If the packet loss guarantee is not met during a calendar month, the Company, upon customer’s request, will credit the customer’s next monthly invoice the prorated charges of one (1) day of the Company bandwidth service fee, to a maximum credit of one month.
    
    Additional Terms and Conditions
    This Service Level Agreement applies to customers in good standing (paid current). Customers with delinquent accounts or past due balances do not qualify for service credits or priority response. “Unavailability” does not include outages of less than one (1) hour. Service Level Agreement excludes outages, reduced bandwidth throughput and/or increased latency resulting from (a) Network maintenance, (b) circuits provided by other common carriers, (c) an external Internet supplier, Service Provider or an Internet exchange point, (d) acts of omissions of Customer or an authorized user, (e) behavior of Customer equipment, facilities or applications, or (f) acts of God, civil disorder, natural cataclysm, terrorism, radio frequency interference or blockage or other occurrences beyond the reasonable control of the Company. This document supersedes all prior SLA agreements. To request credits under this SLA, customers should email Customer Support at support@sprywireless.com or call (512) 200-4204 within 2 business days of the event.
• Site Licensing
  COMMERCIAL ACCOUNT SITE LICENSES
  All commercial (non consumer) accounts are considered to be sold under a site license agreement. All commercial accounts are required to have a service agreement with Spry Wireless Communications for a minimum term of 12 months. Service agreements include the terms and cost of services only. Equipment rental, lease, or purchase fees are not included as each wireless deployment may require specialized, or hybrid solutions.
  
  Installation charges and some equipment fees are billed separate from any agreements. All charges for installations vary and are determined at the commissioning of the agreement.
  
  In addition to monthly service charges for your internet services outlined in your service agreement, a monthly maintenance/lease/rental fee is charged. The charge is based on the type of equipment used. The “lease” costs cover all hardware and labor charges for life of the agreement. There are no additional charges in the event of equipment damage or failure or equipment upgrades. Additionally, the “lease” covers all Technician or Engineer time and labor.
  
  Monthly Equipment Charges or Lease Fees are Tiered based on equipment type, brand, or technology, Note that sales tax may apply:
  
  WHY A SITE LICENSE?
  Since Spry is a for profit business and our model is to sell internet to individual accounts, we seldom offer a site license. In some cases we may offer this arrangement to you as an easy way to get and redistribute our internet to other nearby persons, for a fee or for free. In a typical scenario Spry would send each of the residents or buildings on your property a signal, create an account for, and bill them individually, but we understand that this is sometimes not easily accomplished. So the site license is occasionally a good fit.
  
  WHAT THE SITE LICENSE PROVIDES
  The site license provides the main account holder the ability to “share” his internet connection with others, either in a multi person unit or in separate buildings close to the incoming feed. The licensee may redistribute the signal as they see fit. A site licensee may charge for the internet service or opt to give the internet away at no charge. Site Licenses differs from Spry’s standard terms of service (TOS) which forbid ANY REDISTRIBUTION OF THE SERVICE FOR ANY REASON.
  
  SITE LICENSE COSTS
  All Site License agreements are restricted to a specific tier of license. Each tier is based on the number of redistributions that the licensee can share with. Below are listed the tiers and current pricing for each
  
  Tier 1: $439.99/mo. This license is valid for up to 1 concurrent user of the Spry Network – single Point to Point
  
  Tier 2: $589.99/mo. This license is valid for up to 5concurrent users of the Spry Network
  
  Tier 3: $789.99/mo. This license is valid for up to 10 concurrent users of the Spry Network
  
  Tier 4: This level is available for any number of users and will be negotiated when requested. Tier 4 licensing is available to other WISP operations needing resellable bandwidth at speeds up 500Mbps within a non compete clause environment.
  
  SITE LICENSE AGREEMENT
  Spry Wireless Communications Inc. reserves the right to change, amend, update, alter, revoke, or discontinue any service or related license. By using the licensed service you agree to be bound by all terms and conditions of use.

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